TRIVENI PRASAD DUBEY v. STATE OF U.P. AND 3 OTHERS
WRIC/10111/2025 · 2025-07-02
Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38166 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38166 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:103986-DB Court No. - 3 Case :- WRIT - C No. - 10111 of 2025 Petitioner :- Triveni Prasad Dubey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anuj Bajpai,Vineet Sankalp Counsel for Respondent :- C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Praveen Kumar Giri,J.
1. Heard Mr. Vineet Sankalp, learned counsel for the petitioner, learned Standing Counsel for State-respondents and Sri Mohd. Afzal, learned counsel appearing for respondent No.4.
2. The petitioner seeks issuance of writ of mandamus directing the respondent No.3, District Magistrate, Gautam Budh Nagar to take appropriate action for executing the recovery certificate dated November 10, 2020. It has been submitted by the petitioner that the recovery certificate against respondent No.3 was issued as far back as on November 10, 2020, but the same has not been executed by the District Magistrate so far and the petitioner is being denied fruits of the order of the Uttar Pradesh Real Estate Regulatory Authority passed in his favour.
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.3 and dispose of the writ petition with direction to respondent- District Magistrate, Gautam Budh Nagar to make serious endeavor to execute recovery certificate dated November 10, 2020, 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 :- 3.7.2025 Rakesh (Praveen Kumar Giri J.) (Shekhar B. Saraf, J.) Digitally signed by :- RAKESH MEHTA High Court of Judicature at Allahabad