Allowed

Manoj Bansal v. State of Uttar Pradesh and 4 Others

Allahabad HC23 Nov 2024WRIC/38682/2024

Case brief

AI extract

What is this about?

Petitioner sought mandamus to direct District Magistrate to execute a recovery certificate. The court dispensed with notice, directedexpeditious execution within three months, and reserved order-passing power if legal impediments exist.

What did the court decide?

Direction to District Magistrates to execute recovery certificate within three months; notice dispensed to respondent No. 5.

Manoj Bansal vs State of Uttar Pradesh and 4 Others — Property and Title | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:183582-DB

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Court No. - 21

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Case :- WRIT - C No. - 38682 of 2024

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Petitioner :- Manoj Bansal Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Shivam Saxena Counsel for Respondent :- C.S.C.,Mohd. Afzal

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.

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Heard Sri Shivam Saxena, learned counsel for the petitioner, learned Standing Counsel representing respondent Nos. 1, 2 and 3 and Sri Mohd. Afzal, learned counsel for respondent No. 4.

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The petitioner seeks issuance of writ of mandamus directing the respondent nos. 2 and 3, District Magistrate to take appropriate action for executing the recovery certificate dated 13.01.2024. It has been submitted by the petitioner that the recovery certificate against respondent No. 5 was issued as far back as on 13.01.2024, 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 18.05.2022.

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Learned Standing Counsel representing respondent Nos. 1, 2 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. 5 and dispose of the writ petition with direction to respondents, District Magistrate to make serious endeavour to execute recovery certificate dated 13.01.2024 as expeditiously as possible preferably within a

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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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(Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.)

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Order Date :- 23.11.2024 Ruhi H.

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Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad

Manoj Bansal v. State of Uttar Pradesh and 4 Others

Case brief

What is this about?

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Manoj Bansal v. State of Uttar Pradesh and 4 Others

Case brief

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What did the court decide?

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