Writ of Mandamus issued directing District Magistrate, Gautam Budh Nagar to execute a recovery certificate within one month to aid the petitioner in recovering dues from RERA Authorities.
Directive to Respondent No. 2 to execute recovery certificate dated 29.01.2021 within one month.
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Court No. - 29 Case :- WRIT - C No. - 19608 of 2021 Petitioner :- T.P. Nautiyal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramesh Kumar Shukla Counsel for Respondent :- C.S.C.,Wasim Masood
Hon'ble Pritinker Diwaker,J. Hon'ble Ashutosh Srivastava,J.
Heard Shri Ramesh Kumar Shukla, learned counsel for the petitioner and learned Standing Counsel representing the respondents No. 1 and 2. Shri Wasim Masood, learned counsel has put in appearance on behalf of the Respondent No. 3.
The petitioner seeks issuance of Writ of Mandamus directing the respondent No.2, District Magistrate, Gautam Budh Nagar to take appropriate action for executing the recovery certificate dated 29.01.2021. It has been submitted by the petitioner that the recovery certificate against the Respondent No.4 was issued as far back on 29.01.2021, but the same has not been executed by the District Magistrate, Gautam Budh Nagar, so far and the petitioner is being denied the fruits of the order of RERA Authorities, which was passed in his favour on 29.9.2020.
Learned Standing Counsel representing the respondent Nos. 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 respondent No.2 to proceed with the recovery certificate.
On perusal of the order-sheet, we find that the respondent No.4 against whom the recovery certificate is sought to be enforced has not been noticed. However, since we intend to dispose of the writ petition finally, the notice upon the Respondent No.4 is dispensed with.
In view of the above, the writ petition is finally disposed off with a direction to the respondent No.2, District Magistrate, Gautam Budh Nagar, to make all endeavour to execute the recovery certificate dated 29.01.2021, which has been issued for recovery of Rs.29,15,557.64, as expeditiously as possible, preferably within a period of one month of serving a certified copy of this order upon him, if there is no other legal impediment.
Order Date :- 29.11.2021/SK
T.P. Nautiyal
State Of U.P.
District Magistrate, Gautam Budh Nagar
Unnamed Respondent
Pritinker Diwaker
Ashutosh Srivastava
As recorded by the court registry
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