PREM PAL SINGH TOMAR v. STATE OF UTTAR PRADESH AND 3 OTHERS
WRIC/12725/2025 · 2025-04-27
Shekhar B Saraf, Y K Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48741 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48741 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:65291-DB Court No. - 40 Case :- WRIT - C No. - 12725 of 2025 Petitioner :- Prem Pal Singh Tomar Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Prashant Sharma,Upendra Malaviya Counsel for Respondent :- C.S.C.,Mohd. Afzal Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. Heard Mr. Upendra Malaviya and Prashant Sharma, learned counsel for the petitioner, learned Standing Counsel for State-respondents and Mr. Mohd. Afzal,
learned counsel appearing for respondent no.3.
2. The petitioner 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 29, 2024. It has been submitted by the petitioner that the recovery certificates against respondent no.4 was issued as far back as on March 29, 2024, but the same have 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 December 12, 2024.
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 29, 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.
5. In view of the observations made above, the writ petiton is disposed of.
Order Date :- 28.4.2025 Kuldeep (Dr. Y. K. Srivastava, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad