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2025 DAILYLAW 26530 (ALL)

SUNITA MODI AND ANOTHER v. STATE OF UTTAR PRADESH AND 3 OTHERS

WRIC/6769/2025 · 2025-03-06

Siddhartha Varma, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:33152-DB Court No. - 39 Case :- WRIT - C No. - 6769 of 2025 Petitioner :- Sunita Modi And Another Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Akashi Agrawal,Vidit Agarwal Counsel for Respondent :- C.S.C.,Mohd. Afzal Hon'ble Siddhartha Varma,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard Ms. Akashi Agrawal, learned counsel for the petitioners, learned Standing Counsel for State-respondents and Sri Mohd. Afzal, learned counsel appearing for respondent no.2. 2. The petitioners seek issuance of writ of mandamus directing respondent no.3, District Magistrate, Gautam Budh Nagar to take appropriate action for executing the recovery certificate dated 27.03.2024. It has been submitted by the petitioners that the recovery certificate against respondent no.4 was issued as far back as on 27.03.2024, but the same has not been executed by the District Magistrate so far and the petitioners are being denied fruits of the order of RERA Authorities passed in their favour on 11.12.2023. 3. Learned Standing Counsel representing respondent nos.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, Gautam Budh Nagar to make serious endeavor to execute recovery certificate dated 27.03.2024, 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. In view of the observations made above, writ petition is accordingly disposed of. Order Date :- 7.3.2025 M.S. Ansari (Dr. Y.K. Srivastava,J.) (Siddhartha Varma,J.) Digitally signed by :- MOHD SAQIB ANSARI High Court of Judicature at Allahabad