Allowed

Rajesh Kalra v. State of U P and 3 Others

Allahabad HC20 Dec 2022WRIC/38912/2022

Case brief

AI extract

What is this about?

This court disposed of a writ petition seeking mandamus to direct the District Magistrate to execute a recovery certificate dated 16.04.2022. The court directed execution within two months absent legal impediments.

What did the court decide?

Directed the District Magistrate to execute the recovery certificate dated 16.04.2022 within two months or pass a speaking order if impediments exist.

Rajesh Kalra Vs State of U P and 3 Others — Property and Title | Allahabad HC (2022)

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Court No. - 21

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Case :- WRIT - C No. - 38912 of 2022

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Petitioner :- Rajesh Kalra Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Ajay Kumar Sharma Counsel for Respondent :- CSC,Wasim Masood

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

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Heard learned counsel for the petitioner and learned Standing Counsel representing respondent Nos. 1 and 3. Sri Wasim Masood, learned counsel has accepted notice on behalf of respondent No. 2.

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The petitioner seeks issuance of writ of mandamus directing respondent No. 3, District Magistrate to take appropriate action for executing the recovery certificate dated 16.04.2022. It has been submitted by the petitioner that the recovery certificate against respondent No. 4 was issued as far back as on 16.04.2022, but the same has not been executed by the District Magistrate so far and the petitioner is being denied fruits of the order of RERA Authorities passed in his favour on 18.02.2020.

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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 to make serious endeavor to execute recovery certificate dated 16.04.2022 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 :- 20.12.2022 Jaideep/-

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Digitally signed by JAIDEEP BANERJEE Date: 2022.12.20 17:33:40 IST Reason: Location: High Court of Judicature at Allahabad

Rajesh Kalra v. State of U P and 3 Others

Case brief

What is this about?

What did the court decide?

Rajesh Kalra 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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