Disposed

Mr. Bharat Mohan v. State of U.P. and 3 Others

Allahabad HC20 Dec 2022WRIC/39003/2022

Case brief

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What is this about?

The court disposed of a writ petition for issuance of mandamus. It directed the District Magistrate, Gautam Budh Nagar, to execute a recovery certificate dated 28.4.2022 within two months unless legal impediment exists, in which case a speaking order must be passed within two weeks.

What did the court decide?

Directing the District Magistrate, Gautam Budh Nagar to execute the recovery certificate dated 28.4.2022 within two months or pass a speaking order within two weeks if legal impediment exists.

Mr. Bharat Mohan Vs State of U.P. and 3 Others — Execution and Attachment | Allahabad HC (2022)

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Court No. - 21

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Case :- WRIT - C No. - 39003 of 2022

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Petitioner :- Mr. Bharat Mohan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nikhil Kumar Counsel for Respondent :- C.S.C.,Wasim Masood

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

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Heard Sri Nikhil Kumar, learned counsel for the petitioner and learned Standing Counsel representing the 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 a writ of mandamus directing respondent No.3, District Magistrate, Gautam Budh Nagar to take appropriate action for executing the recovery certificate dated 28.4.2022. It has been submitted by the petitioner that the recovery certificate against respondent No.4 was issued as far back as on 28.4.2022, but the same has not been executed by the District Magistrate, Gautam Budh Nagar, so far and the petitioner is being denied the fruits of the order of RERA Authorities passed in favour of the petitioner on 21.6.2019.

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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, Gautam Budh Nagar to make serious endeavor to execute recovery certificate dated 28.4.2022 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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The petition stands disposed of .

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Order Date :- 20.12.2022 A. V. Singh

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

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Digitally signed by AJAY VIKRAM SINGH Date: 2022.12.20 14:23:02 IST Reason: Location: High Court of Judicature at Allahabad

Mr. Bharat Mohan v. State of U.P. and 3 Others

Case brief

What is this about?

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Mr. Bharat Mohan v. State of U.P. and 3 Others

Case brief

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What did the court decide?

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