Disposed¶10

Rakesh Kumar Sharma v. U.P. Real Estate Regulatory Authority , Lucknow Thru. Secy. and Others

Allahabad HC10 Jan 2024WRIC/45/2024

Case brief

AI extract

What is this about?

Execution of recovery certificate; mandamus; U.P. Real Estate Regulatory Authority (UP RERA); District Magistrate Gorakhpur; Gorakhpur Development Authority; complaint no. LKO148/02/69563/2021; RERA orders dated 23.03.2023 and 22.12.2021; defective appeal pending reporting, no stay; writ disposed with time-bound direction (three months); Allahabad High Court Lucknow Bench; decided 10.1.2024; neutral citation 2024:AHC-LKO:2809-DB.

What did the court decide?

Direction to respondent No.2-District Magistrate, Gorakhpur to execute the recovery certificate dated 15.12.2023 within three months from furnishing a certified copy of the order, unless there is any legal impediment, in which case he shall inform the petitioner in writing within the said period. ¶10

Rakesh Kumar Sharma Vs U.P. Real Estate Regulatory Authority , Lucknow Thru. Secy. and Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a mandamus should issue directing respondent no.2 (District Magistrate, Gorakhpur) to execute the recovery certificate dated 15.12.2023 within a stipulated period of time.

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Court's answer

The petition is disposed of finally with direction to respondent No.2-District Magistrate, Gorakhpur to execute the recovery certificate dated 15.12.2023 within three months from the date a certified copy of the order is furnished before him, unless there is any legal impediment, in which case he shall inform the petitioner in writing within the said period.

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Detailed headnote1 paragraphs

Writ petition (WRIT - C No. 45 of 2024, High Court of Judicature at Allahabad, Lucknow Bench, coram Vivek Chaudhary and Om Prakash Shukla, JJ.; decided 10.1.2024; neutral citation 2024:AHC-LKO:2809-DB) filed by Rakesh Kumar Sharma seeking a mandamus to respondent no.2, District Magistrate, Gorakhpur, to execute the recovery certificate dated 15.12.2023 issued in complaint bearing no.LKO148/02/69563/2021 (Rakesh Kumar Sharma vs. Gorakhpur Development Authority), which was issued pursuant to orders dated 23.03.2023 and 22.12.2021 of the U.P. Real Estate Regulatory Authority. The petitioner stated that no appeal had been filed against those orders; counsel for respondent No.3 stated that a defective appeal was at the stage of reporting with no stay order. The Court disposed of the petition, directing the District Magistrate, Gorakhpur to execute the recovery certificate within three months of a certified copy being furnished, unless there was any legal impediment, in which case he was to inform the petitioner in writing within that period.

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Neutral Citation No. - 2024:AHC-LKO:2809-DB

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Court No. - 2

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Case :- WRIT - C No. - 45 of 2024 Petitioner :- Rakesh Kumar Sharma Respondent :- U.P. Real Estate Regulatory Authority , Lucknow Thru. Secy. And Others Counsel for Petitioner :- Abhishek Khare,Aahuti Agarwal Counsel for Respondent :- Shobhit Mohan Shukla,C.S.C.,Rakesh Bajpai

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Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.

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Heard learned counsel for the parties.

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Petitioner has approached this Court with the following primary relief :-

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"I. to issue a writ, order or direction in the nature of mandamus to directing the respondent no.2 to execute the recovery certificate dated 15.12.2023 issued in complaint bearing no.LKO148/02/69563/2021 in re: Rakesh Kumar Sharma vs. Gorakhpur Development Authority, within stipulated period of time as contained in Annexure No.1 to this writ petition."

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In para 25 of the writ petition, it has categorically been stated by the petitioner that no appeal has been filed against the orders dated 23.03.2023 and 22.12.2021 passed by the U.P. Real Estate Regulatory Authority, pursuant to which recovery certificate dated 15.12.2023 was issued.

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Shri Rakesh Bajpai, learned counsel for the respondent No.3 states that defective appeal is at the stage of reporting by respondent No.3 but there is no stay order on the same.

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In view of the aforesaid, this petition is disposed of finally with direction to the respondent No.2-District Magistrate, Gorakhpur to execute the recovery certificate dated 15.12.2023 within a period of three months from the date a certified copy of this order is furnished before him, unless there is any legal impediment in this regard, in which case he shall inform the petitioner in writing within the said period.

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(Om Prakash Shukla, J.) (Vivek Chaudhary, J.)

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Order Date :- 10.1.2024/Shubhankar

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Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench

Rakesh Kumar Sharma v. U.P. Real Estate Regulatory Authority , Lucknow Thru. Secy. and Others

Case brief

What is this about?

What did the court decide?

Rakesh Kumar Sharma v. U.P. Real Estate Regulatory Authority , Lucknow Thru. Secy. and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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