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Neutral Citation No. - 2025:AHC:37112-DB Court No. - 39 Case :- WRIT - C No. - 7460 of 2025 Petitioner :- Sumit Kalra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anshul Kumar Singhal Counsel for Respondent :- C.S.C.,Mohd. Afzal Hon'ble Siddhartha Varma,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. Heard Sri Anshul Kumar Singhal, learned counsel for the petitioner, Sri Ambrish Shukla, learned Additional Chief Standing Counsel for State-respondents and Sri Mohd. Afzal, learned counsel appearing for respondent no.3.
2. The petitioner seeks issuance of writ of mandamus directing respondent no.2, Collector/ District Magistrate, Gautam Budh Nagar to take appropriate action for executing the recovery certificate dated 14.12.2022. It has been submitted by the petitioner that the recovery certificate against respondent no.4 was issued as far back as on 14.12.2022, 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 1.10.2019.
3. Learned Additional Chief Standing Counsel representing the State-respondents 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 District Magistrate, Gautam Budh Nagar to make serious endeavor to execute recovery certificate dated 14.12.2022, 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 :- 17.3.2025 RKK/- (Dr Y K Srivastava, J) (Siddhartha Varma, J) Digitally signed by :- RAJ KUMAR KANNAUJIA High Court of Judicature at Allahabad