Disposed

Murli Dhar Khemani v. State of U.P. and 3 Others

Allahabad HC17 Aug 2023WRIC/27488/2023

Case brief

AI extract

What is this about?

Petitioner sought writ mandamus for execution of a recovery certificate issued on 30.12.2022, to realize benefits from an RERA order. Court dispensed with notice to one respondent and directed the District Magistrate to execute the certificate within three months.

What did the court decide?

Direction to respondent-District Magistrate to execute recovery certificate dated 30.12.2022 expeditiously within three months, subject to legal impediments requiring a speaking order within two weeks

Murli Dhar Khemani Vs State of U.P. and 3 Others — Consumer Protection | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:165284-DB

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Court No. - 46

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Case :- WRIT - C No. - 27488 of 2023

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Petitioner :- Murli Dhar Khemani Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nikhil Kumar,Prashant Kanha 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, learned Standing Counsel representing respondent Nos. 1, 2 & 3 and learned counsel appearing on behalf of respondent No.4

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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 30.12.2022. It has been submitted by the petitioner that the recovery certificate against respondent No. 3 was issued as far back as on 30.12.2022, 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 31.05.2022.

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Learned Standing Counsel representing respondents 1, 2 & 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 30.12.2022 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

Murli Dhar Khemani v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Murli Dhar Khemani 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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