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Neutral Citation No. - 2025:AHC:31245-DB Court No. - 39 Case :- WRIT - C No. - 6570 of 2025 Petitioner :- Smt. Ashvini Bhatt Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Apoorv Gupta,Vijay Shankar Yadav 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 petitioner and learned Standing Counsel representing the respondent Nos.1 and 3. Sri Mohd. Afzal, learned counsel has put in appearance on behalf of respondent No. 2.
2. The petitioner seeks issuance of a writ of mandamus directing respondent No.3, District Magistrate to take appropriate action for executing the recovery certificate dated
2.12.2024. It has been submitted by the petitioner that the recovery certificate against respondent No.4 was issued as far back as on 2.12.2024, 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 2.02.2021.
3. Learned Standing Counsel representing respondents 1 and 3 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-District Magistrate to make serious endeavor to execute recovery certificate dated 2.12.2024 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.
5. The petition stands disposed of. Order Date :- 5.3.2025/PK (Dr.Y.K. Srivastava,J.) (Siddhartha Varma,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad