Pushpa v. State of U.P. Thru. Prin. Secy. Housing and Urban Planning Lko. and Others

Court No. -3 Case :-WRIT -C No. -10986 of 2023 Petitioner :-Pushpa Respondent :-State Of U.P. Thru. Prin. Secy. Housing And Urban Planning Lko. And Others Counsel for Petitioner :-Shailender Singh,Ankit Tiwari,Divya Niranjan,Neelam Singh,Varun Kumar Mishra Counsel for Respondent :-C.S.C.,Shobhit Mohan Shukla Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J. Heard learned counsel for the petitioner and learned Standing Counsel for the State. Present writ petition has been filed by the petitioner with the following main prayers:-

(i) To, issue the Writ in the nature of Mandamus commanding the Respondent No.2 to execute the recovery order dated

02.09.2020 passed by the Respondent No.3, in Compliant No. LKO162/07/1171/2019, titled as Pushpa Vs Ansal.

(ii) To, direct the respondent to make payment of interest on the amount mentioned in the Recovery Certificate from the date when RC was issued till date of realization. Learned counsel for petitioner submits that the grievance of petitioner would be substantially met if the case of petitioner for the said purposes is considered and decided in a time bound manner. Learned Standing Counsel has no objection to the same. In view thereof, petitioner is permitted to make a fresh detailed representation to respondent no.2 i.e. District Magistrate, Lucknow raising all his grievance, annexing therewith a copy of this writ petition along with annexures and all the documents in support of his claim within a period of two weeks from today along with a certified copy of this order. In case such a representation is moved by petitioner, respondent no.2 i.e. District Magistrate, Lucknow shall consider and decide the same in accordance with law by a reasoned and speaking order within a period of three months from the date a certified copy of this order along with representation is placed before him. It is made clear that this court has not applied itself on the merits of the case and all questions are left open to be considered and decided by the competent authority in accordance with law. With the aforesaid directions, present writ petition is disposed of. (Manish Kumar,J.) (Vivek Chaudhary,J.) Order Date :- 16.12.2023 Manoj K. High Court of Judicature at Allahabad, Lucknow Bench