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2025 DAILYLAW 99373 (ALL)

KAVITA BAHL AND ANOTHER v. STATE OF UTTAR PRADESH AND 3 OTHERS

WRIC/33459/2025 · 2025-09-22

Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33459 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE PRAVEEN KUMAR GIRI, J. 1. Heard Mr. Upendra Malaviya and Mr. Prashant Sharma, 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 petitioners seek issuance of writ of mandamus directing respondent No.2, District Magistrate, Gautam Budh Nagar to take appropriate action for executing the recovery certificate dated August 23, 2025. It has been submitted by the petitioner that the recovery certificate against respondent No.4 was issued on August 23, 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 passed in their favour on May 19, 2025. 3. Learned Standing Counsel representing respondent Nos.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 August 23, 2025, as expeditiously as possible, preferably within a period of two months, Versus Counsel for Petitioner(s) : Prashant Sharma, Upendra Malaviya Counsel for Respondent(s) : C.S.C., Mohd. Afzal Kavita Bahl And Another .....Petitioner(s) State Of Uttar Pradesh And 3 Others .....Respondent(s) 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 23, 2025 Rakesh WRIC No. 33459 of 2025 2 (Praveen Kumar Giri,J.) (Shekhar B. Saraf,J.) Digitally signed by :- RAKESH MEHTA High Court of Judicature at Allahabad