Allowed

Anita Rathi v. State of U.P. and 3 Others

Allahabad HC30 Jan 2023WRIC/3051/2023

Case brief

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What is this about?

Single judge disposed of a writ petition seeking issuance of a mandamus to the District Magistrate to expedite the execution of a non-executed recovery certificate from 05.05.2022 related to RERA authorities' orders.

What did the court decide?

Directed District Magistrate to execute recovery certificate dated 05.05.2022 within two months unless legal impediment exists, subject to passing a speaking order within two weeks if impediment arise

Anita Rathi 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. - 3051 of 2023

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Petitioner :- Anita Rathi 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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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 05.05.2022. It has been submitted by the petitioner that the recovery certificate against respondent No. 4 was issued as far back as on 05.05.2022, 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 her favour on 14.09.2021.

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Learned Standing Counsel representing respondent Nos. 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 05.05.2022 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 :- 30.1.2023 D. Tamang

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

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Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad

Anita Rathi v. State of U.P. and 3 Others

Case brief

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Anita Rathi v. State of U.P. and 3 Others

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