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2025 DAILYLAW 79715 (ALL)

YOGENDRA KUMAR RATHAUR v. STATE OF U.P. AND 3 OTHERS

WRIC/25331/2025 · 2025-07-31

Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:130547-DB Court No. - 3 Case :- WRIT - C No. - 25331 of 2025 Petitioner :- Yogendra Kumar Rathaur Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yashonidhi Shukla Counsel for Respondent :- C.S.C.,Mohd. Afzal Hon'ble Shekhar B. Saraf,J. Hon'ble Praveen Kumar Giri,J. 1. Heard Ms. Yashodini Shukla alongwith Sri Amit Garg, learned counsel for the petitioner and learned Standing Counsel representing respondent nos. 1 & 2. Sri Mohd. Afzal has appeared for respondent no.4. 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 25.2.2022. It has been submitted by the petitioner that the recovery certificate against respondent No. 3 was issued as far back as on 25.2.2022, but the same has not been executed by the District Magistrate so far and the petitioner is being denied fruits of the order of RERA Authorities passed in his favour on 18.8.2021. 3. Learned Standing Counsel representing respondents 1 & 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. 3 and dispose of the writ petition with direction to respondent-District Magistrate, Gautam Budh Nagar to make serious endeavor to execute recovery certificate dated 25.2.2022 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, Gautam Budh Nagar will pass a speaking order within two weeks from the date of receipt of a true attested copy of the instant order. Order Date :- 1.8.2025 Dev (Praveen Kumar Giri J.) (Shekhar B. Saraf, J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad