CWP/25037/2024 of SHASHI KUMAR Vs STATE OF HARYANA AND ORS on 3 July 2026

1. This is CM-5793-CWP-2025 filed under Article 226/227 of the Constitution of India, 1950 read with Section 151 CPC for revival of the civil writ petition.

2. Learned counsel for the applicant-petitioner has submitted that the writ petition filed by the petitioner was disposed of by the Co-ordinate Division Bench of this Court after taking into consideration the statement made by the learned Additional Advocate General, Haryana in the following terms:- judgment

“4. At the outset, learned Additional Advocate General, Haryana, who is present on advance copy having been served submits that as per instructions received, the matter is now pending before the Adjudicating Officer on 30.09.2024 and the recovery proceedings shall be expedited whereafter effective measures to recover the amount shall be taken. An assurance has been given that proceedings before the Adjudicating officer shall be carried out expeditiously.

5. Learned counsel for the petitioner submits that though, at this stage, keeping in view the statement made by learned State counsel, the petitioner would not be left with any grievance but the petitioner apprehends that despite the assurance given to the Court, the proceedings may not be conducted and decided expeditiously and that under such circumstances, the petitioner will continue to suffer. He submits that liberty be granted to the petitioner that in case, the proceedings are not carried out expeditiously, the petitioner may approach this Court again for the redressal of its grievances by filing an application in the present writ petition itself.

6. The writ petition is accordingly disposed of in terms of the statement made by learned Additional Advocate General, Haryana with liberty to the petitioner to file an application for revival of the instant writ petition in case proceedings before the Adjudicating Officer are not carried out expeditiously. However, this Court is sanguine that effective and expeditious proceedings shall be carried out by the Adjudicating Officer in accordance with law.”

It is submitted that in pursuance of the order passed by the Co- ordinate Division Bench on 27.09.2024, the applicant-petitioner was pursuing the case before the Adjudicating Officer and before the Adjudicating Officer, the judgment debtor had even submitted an affidavit giving the list of properties and also the bank accounts for the purpose of satisfaction of the decretal amount, which had been crystallized in the judgment recovery certificate. It is submitted that however, vide letter dated 08.08.2025 issued by the Secretary, Haryana Real Estate Regulatory Authority, Gurugram to the Collector, which letter has been annexed as Annexure P-7 along with CM-6417-CWP-2026, in view of the judgment of this Court in CWP-14937-2024 titled as “M/s. Vatika Ltd. vs. Union of India and another”, delivered on 24.04.2025, the notification dated 11.05.2024 vide which the Adjudicating Officer had been authorized to initiate proceedings for the recovery of the amount mentioned in the recovery certificate has been quashed and set aside and as a result of the same, the recovery certificate is to be executed by the District Collector and in the present case the same has to be done by the Collector, Gurugram. It is submitted that in view of the said subsequent change of circumstances, the direction given by the Co-ordinate Division Bench of this Court is to be modified.

3. Learned State counsel could not dispute the fact that by virtue of letter dated 08.08.2025, now it is the Collector, Gurugram, who had to execute the recovery certificate.

4. Learned counsel for the applicant-petitioner has further prayed that necessary direction regarding the execution of recovery certificate which was issued on 13.12.2023 be given to the Collector, Gurugram for expeditious and time bound recovery.

5. Keeping in view the above said facts and circumstances, judgment moreso, the events which have taken place subsequent to passing of the order dated 27.09.2024, the CM-5793-CWP-2025 is allowed and the order dated 27.09.2024 is recalled and the main writ petition is restored to its original number and the main writ petition is disposed of with the following directions:- i) The Collector, Gurugram, is directed to take all necessary steps to execute the recovery certificate dated 13.12.2023 as expeditiously as possible preferably within a period of 3 months from the date the certified copy of the present order is received by the Collector, Gurugram. ii) Registry is directed to forward a certified copy of the present order to the Collector, Gurugram.

6. Pending application, if any, stands disposed of in view of the abovesaid order.

(VIKAS BAHL)

JUDGE

(VIKRAM AGGARWAL)

JUDGE

July 03, 2026. Davinder Kumar

Whether speaking / reasoned

Yes/No

Whether reportable

Yes/No judgment