The High Court directed the District Magistrate to execute a recovery certificate issued on 5.8.2021 within two months unless legal impediments exist, requiring a speaking order if faced with obstacles.
Directed District Magistrate to execute recovery certificate dated 5.8.2021 within two months or serve reasons for delay.
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Court No. - 21
Case :- WRIT - C No. - 39189 of 2022
Petitioner :- Rajendra Rout And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Jitendra Kumar Singh Counsel for Respondent :- CSC,Wasim Masood
Hon'ble Manoj Kumar Gupta,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioners and learned Standing Counsel representing respondent Nos. 1 and 2. Sri Wasim Masood, learned counsel has accepted notice on behalf of respondent No. 3.
The petitioners seek issuance of writ of mandamus directing respondent No. 2, District Magistrate to take appropriate action for executing the recovery certificate dated 5.8.2021. It has been submitted by the petitioners that the recovery certificate against respondent No. 4 was issued as far back as on 5.8.2021, but the same has not been executed by the District Magistrate so far and the petitioners are being denied fruits of the order of RERA Authorities passed in their favour on 9.2.2021.
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 to make serious endeavor to execute recovery certificate dated 5.8.2021 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.
(Jayant Banerji, J.) (Manoj Kumar Gupta, J.)
Order Date :- 21.12.2022 Jaideep/-
Digitally signed by JAIDEEP BANERJEE Date: 2022.12.21 14:13:59 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the District Magistrate should be directed to execute the recovery certificate dated 5.8.2021.
1 provisions across 1 enactments
Rajendra Rout
State Of U P
District Magistrate
Manoj Kumar Gupta
Jayant Banerji
As recorded by the court registry
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