RAJESH CHANDRA, J. - (1.) AS per the averments made in the Writ Petition, the petitioners were allotted flats by the respondent no. 2 under a Residential Scheme in the name of Pandeypur Residential Housing Scheme.
(2.) THE relief prayed for in the present Writ Petition is for quashing the Recovery Certificate after summoning the same from the office of the respondent nos. 5 and 6 and for directing the respondents not to adopt any coercive measures against the petitioners. As mentioned in the Order dated 31.3.2011, Shri Vivek Verma, learned counsel for the respondent nos. 2, 3 and 4 has obtained instructions in the matter. On the basis of instructions received, Shri Vivek Verma, learned counsel for the respondent nos. 2, 3 and 4 states that there was default in payment of instalments by the petitioners, and consequently, the recovery proceedings were initiated against the petitioners. The petitioners herein along-with certain other persons filed a Writ Petition before this Court being Civil Misc. Writ Petition No. 22325 of 2002. This Court, by the Order dated 24.5.2002 passed in the said Writ Petition, permitted the petitioners herein to deposit the entire amount in instalment, as fixed in the said Order dated 24.5.2002. The present Writ Petition pertains to the same subject-matter.
(3.) SHRI Vivek Verma, learned counsel for the respondent nos. 2, 3 and 4, on the basis of instructions received by him, further states that in regard to the same subject-matter, the petitioners had also filed a Suit being Suit No. 215 of 2001, which was dismissed for want of prosecution on 31st July, 2002.;