RAJEEV KUMAR AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
WRIC/26961/2025 · 2025-08-18
Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 81952 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 81952 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:141550-DB Court No. - 3 Case :- WRIT - C No. - 26961 of 2025 Petitioner :- Rajeev Kumar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prabhash Pandey Counsel for Respondent :- C.S.C.,Mohd. Afzal Hon'ble Shekhar B. Saraf,J. Hon'ble Praveen Kumar Giri,J.
1. Heard learned counsel for the parties.
2. The petitioner seeks issuance of writ of mandamus directing respondent No. 3, District Magistrate to take appropriate action for executing the recovery certificate dated July 7, 2025. It has been submitted by the petitioner that the recovery certificate against respondent No.4 was issued as far back as on July 7, 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 RERA Authorities passed in his favour on April 9, 2025.
3. Learned Standing Counsel for 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 respondent No.4 and dispose of the writ petition with direction to respondent No.3-District Magistrate to make serious endeavor to execute recovery certificate dated July 7, 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 :- 19.8.2025 DKS (Praveen Kumar Giri,J.) (Shekhar B. Saraf, J.) Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad