DR. MEENAKSHI SHARMA AND ANOTHER v. STATE OF U.P. AND 4 OTHERS
WRIC/31516/2025 · 2025-09-09
Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 93867 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 93867 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31516 of 2025 Court No. - 3 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 September 7, 2022. It has been submitted by the petitioner that the recovery certificate against respondent Nos.4 and 5 was issued as far back as on February 3, 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 February 3,
2022.
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 September 7, 2022 against respondent nos.4 and 5, 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. September 10, 2025 Dev Versus Counsel for Petitioner(s) : Amit Misra Counsel for Respondent(s) : C.S.C., Mohd. Afzal (Praveen Kumar Giri,J.) (Shekhar B. Saraf,J.) Dr. Meenakshi Sharma And Another .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad