This writ petition by a litigant to execute a recovery certificate was dismissed. The court directed the District Magistrate to execute the certificate within two months subject to no legal impediments.
Direction to District Magistrate to execute the recovery certificate within two months if no legal impediment exists.
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Court No. - 21 Case :- WRIT - C No. - 21625 of 2022 Petitioner :- Vineet Tyagi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Purushottam Mani Tripathi Counsel for Respondent :- CSC,Wasim Masood
Hon'ble Manoj Kumar Gupta,J. Hon'ble Chandra Kumar Rai,J.
Heard Sri P.M. Tripathi, learned counsel for the petitioner and learned Standing Counsel representing the respondent Nos.1 and 2. Sri Wasim Masood, learned counsel has put in appearance on behalf of respondent No. 3.
The petitioner seeks issuance of writ of mandamus directing respondent No.2, District Magistrate, Gautam Budh Nagar to take appropriate action for executing the recovery certificate dated 8.09.2020. It has been submitted by the petitioner that the recovery certificate against respondent No.4 was issued as far back as on 8.09.2020, but the same has not been executed by the District Magistrate, Gautambudh Nagar, so far and the petitioner is being denied the fruits of the order of RERA Authorities passed in favour of the petitioner on 8.01.2020.
Learned Standing Counsel representing respondents 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.
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, Gautambudh Nagar to make serious endeavor to execute recovery certificate dated 8.09.2020 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.
The petition stands disposed of.
(Chandra Kumar Rai, J.) (Manoj Kumar Gupta, J.)
Order Date :- 2.8.2022 SL
Digitally signed by SHYAM LAL Date: 2022.08.03 16:40:09 IST Reason: Location: High Court of Judicature at Allahabad
Vineet Tyagi
State Of U.P.
District Magistrate, Gautam Budh Nagar
Manoj Kumar Gupta
Chandra Kumar Rai
As recorded by the court registry
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