ANAND BALLABH PATHAK v. STATE OF UTTAR PRADESH AND 3 OTHERS
WRIC/7116/2025 · 2025-03-10
Ashwani Kumar Mishra, Donadi Ramesh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26928 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26928 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:35782-DB Court No. - 29 Case :- WRIT - C No. - 7116 of 2025 Petitioner :- Anand Ballabh Pathak Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Prashant Sharma,Upendra Malaviya Counsel for Respondent :- C.S.C.,Mohd. Afzal Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J.
1. Heard Shri Upendra Malviya and Shri Prashant Sharma, learned counsel for the petitioner, learned Standing Counsel for State-respondents and Shri 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 13.01.2025. It has been submitted by the petitioner that the recovery certificate against respondent no.4 was issued as far back as on 13.01.2025, 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 his favour on 23.08.2024.
3. Learned Standing Counsel representing respondent nos.1 and 2 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 13.01.2025, 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 :- 11.3.2025 Ashok Kr. Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad