MUKESHBHAI DAMJIBHAI DABSARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed seeking to direct respondent Nos.2 and 3 to execute Recovery Certificate dtd. 27/10/2021, wherein, an amount of Rs.14,04,262.00 with interest at the rate of 8%, is directed to be paid from 4/8/2021 till its actual payment. Notice was issued by coordinate Bench of this Court on 27/4/2022. Thereafter, on account of non-execution of Recovery Certificate, an order dtd. 26/9/2022 was passed, which reads as under:

(2.) Learned advocate Mr.Chintan Gandhi for the petitioner submitted that despite the directions, no explanation is tendered till date by the respondents. Despite having Certificate dtd. 27/10/2021, the petitioner is yet to get amount and therefore, he requested that appropriate directions may be issued to execute the said Recovery Certificate immediately.

(3.) On the other hand, learned Assistant Government Pleader Ms.Dharitri Pancholi for respondent Nos.1 to 3 submitted that today Officer from the office of respondent No.2 is present. She has placed on record communication dtd. 10/11/2021 followed by attachment Notices dtd. 22/7/2022, 6/2/2023, 15/2/2023, 17/2/2023, 4/3/2023 to justify the steps taken, as directed by this Court under order dtd. 26/9/2022. Upon instructions received from the Officer, who is present in the Court, she submitted that necessary steps will be immediately taken to execute the Recovery Certificate dtd. 27/10/2021 and therefore, she requested for ten weeks' time.