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Manoj Kumar Verma v. State of Up and 3 Others

Allahabad HC15 Jul 2024WRIC/22364/2024

Case brief

AI extract

What is this about?

Petitioner sought mandamus directing District Magistrate, Ghaziabad to execute a recovery certificate dated 04.09.2023 arising from a RERA order. The High Court directed the District Magistrate to execute the certificate within two months unless legal impediments exist, in which case an order must be passed within two weeks.

What did the court decide?

Direction to District Magistrate, Ghaziabad to execute recovery certificate dated 04.09.2023 within two months, subject to addressing any legal impediments by passing an order within two weeks.

Manoj Kumar Verma vs State of Up and 3… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:112931-DB

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Court No. - 21

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Case :- WRIT - C No. - 22364 of 2024 Petitioner :- Manoj Kumar Verma Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Utkarsh Birla Counsel for Respondent :- C.S.C.,Mohd. Afzal

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Manish Kumar Nigam,J.

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Heard learned counsel for the petitioner and learned Standing Counsel representing respondent nos. 1 and 3. Sri Mohd. Afzal, learned counsel has put in appearance on behalf of respondent no. 2.

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The petitioner seeks issuance of writ of mandamus directing respondent no. 3, District Magistrate, Ghaziabad to take appropriate action for executing the recovery certificate dated 04.09.2023. It has been submitted by the petitioner that the recovery certificate against respondent no. 4 was issued as far back as on 04.09.2023, 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 12.08.2021.

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Learned Standing Counsel representing respondent nos. 1 and 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, Ghaziabad to make serious endeavor to execute recovery certificate dated 04.09.2023, 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 :- 15.7.2024 Nitika Sri.

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(Manish Kumar Nigam, J.) (Manoj Kumar Gupta, J.)

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Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad

Manoj Kumar Verma v. State of Up and 3 Others

Case brief

What is this about?

What did the court decide?

Manoj Kumar Verma v. State of Up and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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