Allowed

Sumit Dhir v. State of U.P. and 3 Others

Allahabad HC23 Jan 2023WRIC/2136/2023

Case brief

AI extract

What is this about?

This single-judge court disposed of a writ petition seeking mandate to execute a RERA-related recovery certificate. It directed the District Magistrate to execute the certificate within two months, allowing for legal impediments with a speaking order. The petition was allowed with specific directives.

What did the court decide?

Directed District Magistrate to execute recovery certificate dated 7.11.2022 within two months, or pass speaking order if legal impediment exists.

Sumit Dhir Vs State of U.P. and 3 Others — Writ and Judicial Review | Allahabad HC (2023)

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Court No. - 21

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Case :- WRIT - C No. - 2136 of 2023

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Petitioner :- Sumit Dhir Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rewti Raman Patel 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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Heard learned counsel for the petitioner 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 petitioner seeks issuance of writ of mandamus directing respondent No. 2, District Magistrate to take appropriate action for executing the recovery certificate dated 7.11.2022. It has been submitted by the petitioner that the recovery certificate against respondent No. 4 was issued as far back as on 7.11.2022, 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 30.12.2020.

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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 7.11.2022 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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(Vikram D. Chauhan, J.) (Manoj Kumar Gupta, J.)

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Order Date :- 23.1.2023/Jaideep/-

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Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad

Sumit Dhir v. State of U.P. and 3 Others

Case brief

What is this about?

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Sumit Dhir 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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