Madhya Pradesh High Court
Dr. Indresh Anand Singhal vs The State Of Madhya Pradesh on 4 October, 2021
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
WP-18313-2021
(Dr. Indresh Anand Singhal Vs. State of India & Ors.)
Gwalior, Dated : 04/10/2021
Shri Rohit Jagwani, learned counsel for the petitioner.
Shri D.D. Bansal, learned Government Advocate for the
respondents/State.
Heard finally with the consent of both the parties. In this petition under Article 226 of the Constitution of India, the grievance of the petitioner is that in spite of the order passed by RERA on 10/01/2019 (Annexure P/4) directing the respondent Nos. 4, 5 and 6 to pay the amount of Rs.45,00,000/- alongwith interest at the rate of 10% per annum and other consequential reliefs, the same has not been complied with. Thereafter, RERA issued the Revenue Recovery Certificate (RRC) authorizing the Collector, Gwalior to execute the order on 19/08/2019 (Annexure P/7, but no action whatsoever has been initiated by the State Authorities to implement the Revenue Recovery Certificate (RRC). In such circumstances, respondent No.2/Collector be directed to execute the RRC at the earliest.
On the other hand, learned Government Advocate appearing for the State opposed the prayer and submitted that petitioner ought to have approached Tahsildar in light of the order passed by the Collector dated 25/07/220 (Annexure P/8) directing the Tahsildar, City Centre, Gwalior to execute the RRC.
Taking into consideration the fact that RRC has been issued on 19/08/2019, respondent No.2/Collector is directed to execute the RRC 2 HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR WP-18313-2021 (Dr. Indresh Anand Singhal Vs. State of India & Ors.) at the earliest preferably within a period of three months from the date of receipt of certified copy of the order passed today.
In case if there is any legal impediment in executing the RRC, then an appropriate order may be passed and copy of the same be given to the petitioner forthwith.
With the aforesaid, this petition stands disposed of. Certified copy/e-copy as per rules/directions.
(S.A. Dharmadhikari) Judge rahul Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab67 6d0cde4dee473fe77953f5, cn=RAHUL SINGH PARIHAR Date: 2021.10.04 17:40:43 -07'00'