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2025 DAILYLAW 47482 (ALL)

SURENDER SINGH AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIC/12382/2025 · 2025-04-29

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67364-DB Court No. - 40 Case :- WRIT - C No. - 12382 of 2025 Petitioner :- Surender Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akashi Agrawal,Vidit Agarwal Counsel for Respondent :- Akashi Agrawal,Mohd. Afzal Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard Ms. Akashi Agrawal, learned counsel appearing on behalf of the petitioners, learned Standing Counsel appearing on behalf of the respondent Nos.1 and 3 and Mr. Mohd. Afzal, learned counsel appearing on behalf of the respondent No.2. 2. This is a writ petitioner under Article 226 of the Constitution of India wherein the petitioners seek issuance of a writ of mandamus directing the respondent No.3, being the District Magistrate, Gautam Budh Nagar, to take appropriate action for executing the recovery certificate dated January 12, 2024. 3. It has been submitted by the counsel for the petitioners that the recovery certificate against respondent No.4 was issued as far back as on January 12, 2024, 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 July 28, 2023. 4. Learned Standing Counsel representing the 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. 5. Having regard to the above submissions, we dispense with the service of notice upon the respondent No.4 and dispose of the writ petition with a direction upon the respondent No.3/District Magistrate, Gautam Budh Nagar to make serious endeavor to execute recovery certificate dated January 12, 2024, 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. 6. In view of the observations made above, writ petition is accordingly disposed of. Order Date :- 30.4.2025 Rakesh (Dr. Y.K. Srivastava, J.) (Shekhar B. Saraf, J.) Digitally signed by :- RAKESH MEHTA High Court of Judicature at Allahabad