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2025 Supreme(GUJ) 571

HIGH COURT OF GUJARAT
MKT
ALPESHKUMAR JAYANTILAL PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MR P C CHAUDHARI(5770) ,Respondent Advocate: GOVERNMENT PLEADER(1)

ORDER :

(M. K. THAKKER, J.)

1. This is one more glaring example of inaction on the part of the Collector in execution of the recovery certificates issued on 04.12.2010 and 19.09.2011. Earlier, the petitioner has approached to this Court by way of filing the writ petition being Special Civil Application No.12119 of 2016, wherein this Court, after recording the detailed reasons, has directed the respondent Nos.1 and 2 to execute the recovery certificate as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of the order, which is 08.11.2017.

2. It is submitted by the learned advocate Mr.Chaudhary that previously, a charge was created, and possession of the property was taken by drawing the panchnama, and the date of the auction was fixed on 16.07.2019 at 13:00 hours, which is part of the petition at page Nos.50 and 51. It is further submitted by the learned advocate Mr.Chaudhary that after disposing of the petition though the possession was taken and the auction was fixed, no further proceedings were initiated, and certificate has remained unexecuted till date. Learned advocate Mr.Chaudhary submits that at present, the possession is wit

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