ARUN LAKSHMANAN v. STATE OF UTTAR PRADESH AND 3 OTHERS
WRIC/22444/2025 · 2025-07-14
Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 72548 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 72548 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 3 Case :- WRIT - C No. - 22444 of 2025 Petitioner :- Arun Lakshmanan Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Balbir Singh Counsel for Respondent :- C.S.C.,Mohd. Afzal Hon'ble Shekhar B. Saraf,J. Hon'ble Praveen Kumar Giri,J.
1. Heard Mr. Balbir Singh, learned counsel for the petitioner, learned Standing Counsel for State-respondents and Sri Mohd. Afzal, learned counsel appearing for respondent No.3.
2. The petitioner seeks issuance of writ of mandamus directing the respondent No.3, District Magistrate, Gautam Budh Nagar to take appropriate action for executing the recovery certificate dated May 10, 2023. It has been submitted by the petitioner that the recovery certificate against respondent no.4 was issued as far back as on May 10, 2023, but the same has not been executed by the District Magistrate so far and the petitioner is being denied fruits of the order of the Uttar Pradesh Real Estate Regulatory Authority passed in his favour on February 3, 2022.
3. Learned Standing Counsel representing respondent Nos.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- District Magistrate, Gautam Budh Nagar to make serious endeavor to execute recovery certificate dated May 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, writ petition is disposed of. Order Date :- 15.7.2025 Rakesh (Praveen Kumar Giri J.) (Shekhar B. Saraf, J.) Digitally signed by :- RAKESH MEHTA High Court of Judicature at Allahabad