Bombay High Court

PARMESHWAR TUKARAM SURYAWANSHIversusTHE DISTRICT COLLECTOR AND ANOTHER

Disposal: DISPOSED OFF

Holding

The District Collector must act on the petitioners' representations and execute the recovery certificates within eight weeks.

Summary

The petitioners, holders of recovery certificates issued by the District Consumer Forum on 1 November 2011, approached the High Court seeking enforcement of those certificates by the District Collector. They alleged that despite repeatedly urging the Collector to execute the certificates, no action was taken. The Court examined whether the Collector was obligated to act on the petitioners' representations concerning the execution of the recovery certificates. Finding no substantive objection, the Court directed the Collector to act on the petitioners' representations filed on 6 August 2024. The order mandated compliance within eight weeks from the receipt of the judgment copy. Consequently, the writ petitions were disposed of with a directive for execution.

Issues considered

Whether the District Collector is bound to execute the recovery certificates issued by the District Consumer Forum upon the petitioners' representations.

Subjects

writ petition
recovery certificate
District Consumer Forum
District Collector
execution of order
representation
judicial directive

Judgment

                                  *1*                    34-


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

              34 WRIT PETITION NO. 12263 OF 2026

              Parmeshwar Tukaram Suryawanshi
                             VERSUS
               The District Collector And Another
                                ...
Mr. Dharurkar Chaitanya V, Advocate for the Petitioner
Mr. V. M. Kagne, AGP for Respondents/State
                                ...
                              AND
            35 WRIT PETITION NO. 12264 OF 2026

                   Asha Ramkrushna Gande
                             VERSUS
               The District Collector And Another
                                ...
Mr. Dharurkar Chaitanya V, Advocate for the Petitioner
Mr. S. R. Wakle, AGP for Respondents/State
                                ...
                              AND
            52 WRIT PETITION NO. 12281 OF 2026

                   Bhaginath Kachru Gande
                            VERSUS
              The District Collector And Another
                               ...
Mr. Dharurkar Chaitanya V, Advocate for the Petitioner
V. M. Kagne, AGP for Respondents/State
                               ...
                             AND
            55 WRIT PETITION NO. 12284 OF 2026

                  Ramkrushna Kachru Gande
                            VERSUS
              The District Collector And Another
                               ...
Mr. Dharurkar Chaitanya V, Advocate for the Petitioner
Ms. N. B. Kamble, AGP for Respondents/State

Narwade
                                        *2*                          34-


                       CORAM : NITIN B. SURYAWANSHI &
                               ABASAHEB D. SHINDE, JJ.
                       DATE : 22nd SEPTEMBER 2026

P. C. :-

1.         The petitioners are having the recovery certificates issued

to them by the District Consumer Forum, Chhatrapati

Sambhajinagar         on    01.11.2011.    They    have    persuading

Respondent No.1 to execute the same, however, there is no

response from Respondent No.1.


2.         In these facts, we dispose of the Writ Petition by directing

Respondent No.1 to Act upon the representations of the

petitioners at Exhibit- (E) dated 06.08.2024 within a period of

eight (08) weeks from the date of receipt of copy of this order.




(ABASAHEB D. SHINDE, J.)               (NITIN B. SURYAWANSHI, J.)




Narwade

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