SHRI PURUSHOTTAM SHARMA v. STATE OF U.P. AND 3 OTHERS
WRIC/7243/2025 · 2025-03-10
Ashwani Kumar Mishra, Donadi Ramesh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28469 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28469 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:35734-DB Court No. - 29 Case :- WRIT - C No. - 7243 of 2025 Petitioner :- Shri Purushottam Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ragini Gupta,Rohan Gupta Counsel for Respondent :- C.S.C.,Mohd. Afzal Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J.
1. Heard learned counsel for the parties.
2. The petitioner seeks issuance of writ of mandamus directing respondent No. 2, District Magistrate to take appropriate action for executing the recovery certificate dated 21.09.2022. It has been submitted by the petitioner that the recovery certificate against respondent No. 3 was issued as far back as on 13.07.2021, 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 13.07.2021.
3. Learned Standing Counsel representing respondent No. 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. 3 and dispose of the writ petition with direction to respondent-District Magistrate to make serious endeavor to execute recovery certificate dated 21.09.2022 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 :- 11.3.2025 Ashok Kr. Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad