Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:31923-DB Court No. - 39 Case :- WRIT - C No. - 4533 of 2025 Petitioner :- Manoj Kumar Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Bibhuti Narayan Singh Counsel for Respondent :- C.S.C.,Mohd. Afzal Hon'ble Siddhartha Varma,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. Heard learned counsel for the petitioners and learned Standing Counsel representing the respondent Nos. 1, 2 & 4. Sri Mohd. Afzal has accepted notice on behalf of respondent No. 3.
2. The petitioners seek issuance of writ of mandamus directing respondent No. 4 to take appropriate action for executing the recovery certificate dated 20.11.2024. It has been submitted by the petitioner that the recovery certificate against respondent No. 5 was issued as far back as on 20.11.2024, but the same has not been executed by the District Magistrate, so far and the petitioner is being denied the fruits of the order of RERA Authorities passed in favour of the petitioner on 22.08.2024.
3. Learned Standing Counsel representing respondents Nos. 1, 2, 4 submits that no fruitful purpose would be served by keeping the writ petition pending and the same can be disposed of directing the District Magistrate to proceed with the execution of the recovery certificate.
4. Having regard to the above submissions, we dispense with the service of notice upon respondent No. 5 and dispose of the writ petition with direction to respondent-District Magistrate, to make
serious endeavor to execute recovery certificate dated 20.11.2024 as expeditiously as possible preferably within a period of two months provided there is no legal impediment. In case, there is any legal impediment, the District Magistrate will pass a speaking
order within two weeks from the date of receipt of a true attested copy of the instant order.
Order Date :- 5.3.2025 Imroz (Dr. Y. K. Srivastava, J.) (Siddhartha Varma, J.) Digitally signed by :- MOHAMMAD IMROZ KHAN High Court of Judicature at Allahabad