Disposed

Vaibhav Kumar v. State of U.P. and 3 Others

Allahabad HC12 Dec 2024WRIC/41426/2024

Case brief

AI extract

What is this about?

Writ petition seeking mandamus for execution of a RERA-related recovery certificate dated 04.05.2022 by the District Magistrate, Gautam Budh Nagar. The court disposed of the petition directing the District Magistrate to execute it expeditiously within two months or pass a speaking order if any legal impediment exists.

What did the court decide?

Direction to execute the recovery certificate dated 04.05.2022 within two months; speaking order required if any legal impediment arises.

Vaibhav Kumar vs State of U.P. and 3 Others — Property and Title | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:194594-DB

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Court No. - 29

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Case :- WRIT - C No. - 41426 of 2024

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Petitioner :- Vaibhav Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhilesh Kumar Singh,Deepak Kumar Singh Counsel for Respondent :- C.S.C.,Mohd. Afzal

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Hon'ble Vivek Kumar Birla,J. Hon'ble Ms. Nand Prabha Shukla,J.

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Heard Sri Akhilesh Kumar Singh alongwith Shri Deepak Kumar Singh, learned counsel for the petitioner, Shri R.M. Upadhyay, learned Standing Counsel for State-respondent nos.1 and 3 and Sri Mohd. Afzal, learned counsel appearing for respondent no.2.

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The petitioner seeks issuance of writ of mandamus directing respondent no.3, District Magistrate, Gautam Budh Nagar to take appropriate action for executing the recovery certificate dated 04.05.2022. It has been submitted by the petitioner that the recovery certificate against respondent no.4 was issued as far back as on 04.05.2022, 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 his favour on 26.11.2021.

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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, Gautam Budh Nagar to make serious endeavor to execute recovery certificate dated 04.05.2022, 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 :- 12.12.2024 Nitendra

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Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad

Vaibhav Kumar v. State of U.P. and 3 Others

Case brief

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Vaibhav Kumar v. State of U.P. and 3 Others

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