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2025 DAILYLAW 27953 (ALL)

SHYAM MOHAN SINGHAL AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIC/7033/2025 · 2025-03-09

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34919-DB Court No. - 29 Case :- WRIT - C No. - 7033 of 2025 Petitioner :- Shyam Mohan Singhal And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anand Kumar Singh Counsel for Respondent :- C.S.C.,Mohd. Afzal Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. 1. Heard Sri Anand Kumar Singh, learned counsel for the petitioners, learned Standing Counsel for State-respondents and Sri Mohd. Afzal, learned counsel appearing for respondent no.3. 2. The petitioners seek issuance of writ of mandamus directing respondent no.2, District Magistrate, Gautam Budh Nagar to take appropriate action for executing the recovery certificate dated 07.03.2025. It has been submitted by the petitioners that the recovery certificate against respondent no.4 was issued as far back as on 07.03.2025, 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 20.10.2023. 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 07.03.2025, 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 :- 10.3.2025 Noman Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad