Petitioner sought writ of mandamus to direct District Magistrate to execute a recovery certificate dated 7.09.2022 regarding RERA order. Court directed prompt execution within two months.
Directed District Magistrate to execute recovery certificate within two months, or pass speaking order if legal impediment exists.
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Court No. - 21
Case :- WRIT - C No. - 38282 of 2022
Petitioner :- Ritu Viash Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Sharma Counsel for Respondent :- C.S.C.,Wasim Masood
Hon'ble Manoj Kumar Gupta,J. Hon'ble Jayant Banerji,J.
Heard Sri Ajay Kumar Sharma, learned counsel for the petitioner and learned Standing Counsel representing the respondent Nos.1 and 3. Sri Wasim Masood, learned counsel has put in appearance on behalf of respondent No. 2.
The petitioner seeks issuance of a writ of mandamus directing respondent No.3, District Magistrate to take appropriate action for executing the recovery certificate dated 7.09.2022. It has been submitted by the petitioner that the recovery certificate against respondent No.4 was issued as far back as on 7.09.2022, but the same has not been executed by the District Magistrate so far and the petitioner is being denied the fruits of the order of RERA Authorities passed in favour of the petitioner on 13.12.2021.
Learned Standing Counsel representing respondents 1 and 3 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 to make serious endeavor to execute recovery certificate dated 7.09.2022 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.
(Jayant Banerji, J.) (Manoj Kumar Gupta, J.)
Order Date :- 15.12.2022 SL
Digitally signed by SHYAM LAL Date: 2022.12.15 14:50:15 IST Reason: Location: High Court of Judicature at Allahabad
Ritu Viash
State Of U.P.
3 Others
Manoj Kumar Gupta
Jayant Banerji
As recorded by the court registry
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