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Neutral Citation No. - 2025:AHC:23532-DB Court No. - 39 Case :- WRIT - C No. - 4581 of 2025 Petitioner :- Rakesh Kumar Sinha Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raj Kumar Dhama Counsel for Respondent :- C.S.C.,Mohd. Afzal Hon'ble Siddhartha Varma,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. Heard Sri Raj Kumar Dhama, learned counsel for the petitioner, learned Standing Counsel for State-respondents and Sri Mohd. Afzal, learned counsel appearing for respondent no.3.
2. The petitioner seeks issuance of writ of mandamus directing respondent no.2, District Magistrate, Gautam Budh Nagar to take appropriate action for executing the recovery certificate dated
12.06.2024. It has been submitted by the petitioner that the recovery certificate against respondent no.4 was issued as far back as on 12.06.2024, but the same has not been executed by the District Magistrate so far and the petitioner is being denied fruits of the order of RERA Authorities passed in its favour on
26.02.2024.
3. Learned Standing Counsel representing State-respondents 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.4 and dispose of the writ petition with direction to respondent no.2 -District Magistrate, Gautam Buddh Nagar to make serious endeavor to execute recovery certificate dated 12.06.2024, 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 :- 18.2.2025 Shahroz (Dr. Y.K. Srivastava,J.) (Siddhartha Varma,J.) Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad