Allowed

Vikram Singh v. State of U.P. and 3 Others

Allahabad HC14 Oct 2022WRIC/30871/2022

Case brief

AI extract

What is this about?

The court disposed of the writ petition directing the District Magistrate, Ghaziabad, to execute the recovery certificate dated 2.11.2021 expeditiously within two months, subject to no legal impediment.

What did the court decide?

Directed the District Magistrate, Ghaziabad, to execute the recovery certificate dated 2.11.2021 within two months expeditiously, or pass a speaking order within two weeks if there is a legal impedime

Vikram Singh Vs State of U.P. and 3 Others — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 21

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Case :- WRIT - C No. - 30871 of 2022

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Petitioner :- Vikram Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Praveen Kumar Counsel for Respondent :- C.S.C.

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Jayant Banerji,J.

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Heard Sri Prem Chand, holding brief of Sri Praveen Kumar, learned counsel for the petitioner and learned Standing Counsel representing respondent Nos. 1 and 3. Sri Wasim Masood, learned counsel has put in appearance on behalf of respondent No. 2.

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The petitioner seeks issuance of writ of mandamus directing respondent No. 3, District Magistrate, Ghaziabad to take appropriate action for executing the recovery certificate dated 2.11.2021. It has been submitted by the petitioner that the recovery certificate against respondent No. 4 was issued as far back as on 2.11.2021, but the same has not been executed by the District Magistrate, Ghaziabad so far and the petitioner is being denied fruits of the order of RERA Authorities passed in his favour on 10.08.2020.

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Learned Standing Counsel representing respondents 1 and 3 submits that no fruitful purpose would be served by keeping the writ petition pending and the same can be disposed of directing the District Magistrate to proceed with the execution of the recovery certificate.

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Having regard to the above submissions, we dispense with the service of notice upon respondent No. 4 and dispose of the writ petition with direction to respondent-District Magistrate, Ghaziabad, to make serious endeavor to execute recovery certificate dated 2.11.2021 as expeditiously as possible preferably within a period of two months provided there is no legal impediment. In case, there is any legal impediment, the District Magistrate will pass a speaking order within two weeks from the date of receipt of a true attested copy of the instant order.

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(Jayant Banerji, J.) (Manoj Kumar Gupta, J.)

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Order Date :- 14.10.2022/Jaideep/-

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Digitally signed by JAIDEEP BANERJEE Date: 2022.10.14 15:22:06 IST Reason: Location: High Court of Judicature at Allahabad

Vikram Singh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Vikram Singh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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