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2025 DAILYLAW 49159 (ALL)

MURARI PRASAD v. STATE OF UTTAR PRADESH AND 4 OTHERS

WRIC/12845/2025 · 2025-09-16

Amitabh Kumar Rai, Saral Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 12845 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. By means of the present writ petition the petitioner has prayed for following relief: "(I) to issue a writ, order or direction in the nature of mandamus commanding and direct the Respondents No.4 and 5 to hand over possession of Apartment No.719 Tower C. 7th Floor, Group Housing Fairway Apartment, Sushant Megapolis, Greater NOIDA, Gautam Budh Nagar to the petitioner as early as possible. (II) to issue writ, order or direction in the nature of mandamus commanding and directing the respondent no.2 to get the order dated 31.10.2019, passed u/s 31 of the Act, 2016 impleadment/executed against Respondent Nos. 4 and 5." 3. Supplementary affidavit filed by learned counsel for petitioner annexing there with a recovery certificate. During the pendency of the writ petition it is informed that respondent no.3 has issued a recovery certificate to the respondent nos. 4 and 5, copy of which is enclosed as Annexure S.A.-2 to the supplementary affidavit. 4. The petitioner wants that a direction be issued to the District Magistrate, Gautam Buddha Nagar, to execute the recovery certificate Versus Counsel for Petitioner(s) : Abhishek Bhushan, Siddhartha Kumar Mishra, Sr. Advocate Counsel for Respondent(s) : C.S.C., Mohd. Afzal Murari Prasad .....Petitioner(s) State Of Uttar Pradesh And 4 Others .....Respondent(s) dated 17.6.2025 against the respondent No.4 (M/s. Uttam Steel Associates Consortium) and Respondent No.5 (M/s. Ansal Hitech Townships Ltd. 5. Learned Standing Counsel has no objection. 6. Considering the facts and circumstances of the case and without adverting into the merits of the case, the writ petition is disposed off with a direction to respondent No.2 (District Magistrate, Gautam Buddha Nagar) to ensure the execution of recovery certificate dated 17.6.2025 within a period of two months from the date of production of certified copy of this order. September 17, 2025 Md Faisal WRIC No. 12845 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad