HARENDRA KUMAR AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
WRIC/12180/2025 · 2025-04-22
Shekhar B Saraf, Y K Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 44902 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44902 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:63259-DB Court No. - 40 Case :- WRIT - C No. - 12180 of 2025 Petitioner :- Harendra Kumar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Kumar Singh Counsel for Respondent :- C.S.C.,Mohd. Afzal Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. Heard Sri Jitendra Kumar Singh, learned counsel for the petitioners, learned Standing Counsel for State-respondents and Mr. Mohd. Afzal, learned counsel appearing for respondent no.3.
2. The petitioners seeks issuance of a writ of mandamus directing respondent no.2, District Magistrate, Gautam Budh Nagar to take appropriate action for executing the recovery certificate dated March 7, 2025. It has been submitted by the petitioner that the recovery certificate against respondent no.4 was issued as far back as on March 7, 2025, but the same has not yet been executed by the District Magistrate and the petitioner is being denied fruits of the order of RERA Authorities passed in his favour on October 20, 2020.
3. Learned Standing Counsel representing respondent no.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 No.2/District Magistrate, Gautam Budh Nagar to make serious endeavor to execute recovery certificate dated March 7, 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. Order Date :- 23.4.2025 Dev (Dr. Y. K. Srivastava,J.) (Shekhar B. Saraf,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad