Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 80396 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 80396 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:142777-DB Court No. - 3 Case :- WRIT - C No. - 25780 of 2025 Petitioner :- Arun Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Sharma,Rahul Kumar Mishra Counsel for Respondent :- C.S.C.,Mohd Naushad Hon'ble Shekhar B. Saraf,J. Hon'ble Praveen Kumar Giri,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for State respondents and Mr. Mohd. Afzal, learned counsel appearing for U.P. Real Estate Regulatory Authority.
2. The petitioner seeks issuance of a writ of mandamus directing the respondent No.4, District Magistrate, Gauta Budh Nagar to take appropriate action for executing the recovery certificate dated 27.05.2025. It has been submitted by the petitioner that though the recovery certificate against the private respondent was issued on 27.05.2025, but the same has not yet been executed by the District Magistrate and the petitioner is being denied fruits of the order of RERA passed in his favour on 23.02.2021.
3. Learned Standing Counsel representing the State respondents 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 the private respondent and dispose of the writ petition with direction to the respondent No.4 to make serious endeavor to execute the aforesaid recovery certificate, 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 :- 20.8.2025 Kuldeep (Praveen Kumar Giri, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad