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2025 DAILYLAW 62171 (ALL)

RAHUL BINDLE v. STATE OF U.P. AND 4 OTHERS

WRIC/17195/2025 · 2025-05-26

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:90312-DB Court No. - 40 Case :- WRIT - C No. - 17195 of 2025 Petitioner :- Rahul Bindle Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Akhilesh Kumar Counsel for Respondent :- C.S.C.,Mohd. Afzal Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard Sri Akhilesh Kumar, learned counsel appearing on behalf of 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. 4, District Magistrate, Gautam Budh Nagar to take appropriate action for executing the recovery certificate dated October 17, 2019. It has been submitted by the petitioner that the recovery certificates against respondent no.5 was issued as far back as on October 17, 2019, 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 July 19, 2018. 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.5 and dispose of the writ petition with direction to respondent No.4/District Magistrate, Gautam Budh Nagar to make serious endeavor to execute recovery certificate dated October 17, 2019, 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 :- 27.5.2025 Arun K. Singh [Dr. Y.K. Srivastava, J.] [Shekhar B. Saraf, J.] Digitally signed by :- ARUN KUMAR SINGH High Court of Judicature at Allahabad