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2025 DAILYLAW 60644 (ALL)

NAVIN KUMAR BARANWAL AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIC/16655/2025 · 2025-05-21

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87432-DB Court No. - 40 Case :- WRIT - C No. - 16655 of 2025 Petitioner :- Navin Kumar Baranwal And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramesh Kumar Pandey Counsel for Respondent :- C.S.C.,Mohd. Afzal Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard Mr. Ramesh Kumar Pandey, 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.3, District Magistrate, Gautam Budh Nagar to take appropriate action for executing the recovery certificates dated November 10, 2023. It has been submitted by the petitioner that the recovery certificates against respondent no.4 was issued as far back as on November 10, 2023, 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 March 16, 2021. 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 certificates. 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.3/District Magistrate, Gautam Budh Nagar to make serious endeavor to execute recovery certificates dated November 10, 2023, 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 petition is disposed of. Order Date :- 22.5.2025 Dev (Dr. Y. K. Srivastava,J.) (Shekhar B. Saraf,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad