Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 79148 (ALL)

SH. ANIMESH SHARMA v. STATE OF UTTAR PRADESH AND 3 OTHERS

WRIC/24654/2025 · 2025-07-28

Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:125782-DB Court No. - 3 Case :- WRIT - C No. - 24654 of 2025 Petitioner :- Sh. Animesh Sharma Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Prashant Sharma,Upendra Malaviya Counsel for Respondent :- C.S.C.,Mohd. Afzal Hon'ble Shekhar B. Saraf,J. Hon'ble Praveen Kumar Giri,J. 1. Heard Sri Upendra Malviya, learned counsel for the petitioner, learned Standing Counsel for State-respondents and Mr. Mayank Srivastava, holding brief of Mr. Mohd. Afzal, learned counsel appearing for respondent No.3. 2. The petitioner seeks issuance of writ of mandamus directing respondent no. 2, District Magistrate, Gautam Budh Nagar to take appropriate action for executing the recovery certificate dated June 6, 2025. It has been submitted by the petitioner that the recovery certificate against respondent No.4 was issued on June 6, 2025, but the same has not been executed by the District Magistrate so far and the petitioner is being denied fruits of the order of Uttar Pradesh Real Estate Regulatory Authority passed in his favour on March 3, 2025. 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. 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 June 6, 2025, 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. Order Date :- 29.7.2025 Rakesh (Praveen Kumar Giri J.) (Shekhar B. Saraf, J.) Digitally signed by :- RAKESH MEHTA High Court of Judicature at Allahabad