Allowed

Munni Devi and Another v. State of U.P. Thru. Addl. Chief Secy. Revenue Lko. and 3 Others

Allahabad HC20 Dec 2024/11098/2024

Case brief

AI extract

What is this about?

This writ petition challenged a recovery certificate dated 27.11.2024 issued by the Sub Divisional Magistrate during an ongoing appeal. The court relied on an earlier interim order granting protection from recovery and held that the certificate must be quashed subject to the appeal's final outcome.

What did the court decide?

Recovery certificate dated 27.11.2024 passed by Sub Divisional Magistrate Tehsil Ekauna is quashed.

Munni Devi and Another Vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:86082

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Court No. - 19

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Case :- WRIT - C No. - 11098 of 2024

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Petitioner :- Munni Devi And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue Lko. And 3 Others Counsel for Petitioner :- Meva Lal Yadav,Harshita Gupta Counsel for Respondent :- C.S.C.

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Hon'ble Manish Mathur,J.

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Heard learned counsel for petitioner and learned State Counsel for opposite parties.

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Petition has been filed challenging recovery certificate dated 27.11.2024 passed by the Sub Divisional Magistrate during pendency of Appeal No. 1270 of 2022 preferred under Section 56 (1) of Indian Stamp Act.

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Learned counsel for petitioners submits that earlier petitioners had filed Writ-C No. 4599 of 2024, challenging order dated 27.02.2024 passed in the very same revision whereby application for grant of relief was rejected. The said petition was allowed by means of judgment and order dated 23.05.2024 primarily on the ground that once an appeal has been admitted for hearing and implementation of order impugned in appeal would have adverse consequences, interim protection should be granted.

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It was also directed that the opposite parties shall not realize the sum imposed against petitioners under Section 47-A of the Act till disposal of appeal.

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Mr. Devendra Mohan Shukla, learned State Counsel has been provided written instructions dated 20.12.2024, a copy of which taken on record to submit that the authorities concerned were not aware with regard to directions issued by this Court on 23.05.2024 and having now been informed of aforesaid direction, have voluntarily stopped recovery proceedings against petitioner.

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In view of the fact that interim protection has already been granted to petitioners by means of judgment and order dated 23.05.2024 passed by this Court in the aforesaid writ proceedings and in view of written instructions dated 20.12.2024, recovery certificate dated 27.11.2024 passed by the

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Sub Divisional Magistrate Tehsil Ekauna, District Shrawasti is hereby quashed by issuance of writ in the nature of certiorari. Any recovery sought to be made against petitioners shall naturally be subjects to final outcome of the appeal.

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In view of aforesaid, petition succeeds and is allowed at the admission stage itself. Parties to bear their own cost.

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Order Date :- 20.12.2024 Satish

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Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench

Munni Devi and Another v. State of U.P. Thru. Addl. Chief Secy. Revenue Lko. and 3 Others

Case brief

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Munni Devi and Another v. State of U.P. Thru. Addl. Chief Secy. Revenue Lko. and 3 Others

Case brief

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