Disposed

Jagjit Rai Nanda v. State of U.P. and 3 Others

Allahabad HC17 Aug 2023WRIC/27478/2023

Case brief

AI extract

What is this about?

The High Court dispensed with notice to one respondent and disposed of a writ petition directing the District Magistrate to execute a recovery certificate dated 24.08.2022 expeditiously, preferably within three months.

What did the court decide?

Directed District Magistrate to execute recovery certificate dated 24.08.2022 expeditiously, preferably within three months, or pass a speaking order on legal impediments within two weeks.

Jagjit Rai Nanda Vs State of U.P. and 3… — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:165315-DB

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Court No. - 46

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Case :- WRIT - C No. - 27478 of 2023

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Petitioner :- Jagjit Rai Nanda Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Devesh Saxena Counsel for Respondent :- C.S.C.,Mohd. Afzal

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Hon'ble Ashwani Kumar Mishra,J. Hon'ble Syed Aftab Husain Rizvi,J.

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Heard learned counsel for the petitioner and learned Standing Counsel representing respondent Nos. 1, 2 and 4. Sri Ashish Mishra, 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 24.08.2022. It has been submitted by the petitioner that the recovery certificate against respondent No. 3 was issued as far back as on 24.08.2022, but the same has not been executed by the District Magistrate so far and the petitioner/s is/are being denied fruits of the order of RERA Authorities passed in his favour on 27.04.2022.

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Learned Standing Counsel representing respondents 1, 2 and 4 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. 3 and dispose of the writ petition with direction to respondent-District Magistrate to make serious endeavor to execute recovery certificate dated 24.08.2022 as expeditiously as possible preferably within a period of three 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 :- 17.8.2023 SP/-

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Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad

Jagjit Rai Nanda v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Jagjit Rai Nanda 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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