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2025 DAILYLAW 70751 (ALL)

NASIB KAUR VASIR v. STATE OF UTTAR PRADESH AND 3 OTHERS

WRIC/20896/2025 · 2025-07-06

Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:106220-DB Court No. - 3 Case :- WRIT - C No. - 20896 of 2025 Petitioner :- Nasib Kaur Vasir Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Prashant Sharma,Saket Kumar Mishra Counsel for Respondent :- C.S.C.,Mohd. Afzal Hon'ble Shekhar B. Saraf,J. Hon'ble Praveen Kumar Giri,J. 1. Heard Mr. Prashant Sharma and Mr. Saket Kumar Mishra, 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 October 14, 2023. It has been submitted by the petitioner that the recovery certificates against respondent no.4 was issued as far back as on October 14, 2023, but the same has not yet been executed by the District Magistrate and the petitioner is being denied fruits of the order of Uttar Pradesh Real Estate Regulatory Authority passed in his favour on December 12, 2022. 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.2/District Magistrate, Gautam Budh Nagar to make serious endeavor to execute recovery certificate dated October 14, 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 :- 7.7.2025 Rakesh (Praveen Kumar Giri J.) (Shekhar B. Saraf, J.) Digitally signed by :- RAKESH MEHTA High Court of Judicature at Allahabad Digitally signed by :- RAKESH MEHTA High Court of Judicature at Allahabad