Disposed

Pawan Kumar Tyagi and Another v. State of U P and 3 Others

Allahabad HC16 Jan 2023WRIC/1410/2023

Case brief

AI extract

What is this about?

The court directed the District Magistrate to execute a recovery certificate dated 24.06.2022 expeditiously, within two months, if no legal impediments exist.

What did the court decide?

Direction to District Magistrate to execute recovery certificate dated 24.06.2022 expeditiously, preferably within two months; pass speaking order within two weeks if legal impediments exist.

Pawan Kumar Tyagi and Another Vs State of U P and 3 Others — Allahabad HC (2023) — LawSathi Research

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Court No. - 21

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Case :- WRIT - C No. - 1410 of 2023

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Petitioner :- Pawan Kumar Tyagi And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Akhand Pratap Tripathi Counsel for Respondent :- C.S.C.,Mohd. Afzal

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Vikram D. Chauhan,J.

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Hea rd learned counsel for the petitioners and learned Standing Counsel representing respondent Nos.1 and 2. Sri Mohd. Afzal, learned counsel has put in appearance on behalf of respondent No. 3.

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The petitioners seek issuance of writ of mandamus directing respondent no. 2, District Magistrate to take appropriate action for executing the recovery certificate dated 24.06.2022. It has been submitted by the petitioners that the recovery certificate against respondent no. 4 was issued as far back as on 24.06.2022, but the same has not been executed by the District Magistrate so far and the petitioners are being denied fruits of the orde r of RERA Autho rities passed in their favour on 9.11.2020.

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Learned Standing Counsel representing respondents 1 and 2 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 24.06.2022 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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Order Date :- 16.1.2023 VMA

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(Vikram D. Chauhan, J.) (Manoj Kumar Gupta, J.)

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Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad

Pawan Kumar Tyagi and Another v. State of U P and 3 Others

Case brief

What is this about?

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Pawan Kumar Tyagi and Another v. State of U P and 3 Others

Case brief

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What did the court decide?

What the court decided

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