This Court disposed of a writ petition seeking mandamus to direct the District Magistrate to execute a recovery certificate issued on 3.5.2023. The Court directed the Respondent to take all expedient action within two months.
Direction to respondent to execute the recovery certificate dated 3.5.2023 within two months.
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Neutral Citation No. - 2023:AHC:175505-DB
Chief Justice's Court
Case :- WRIT - C No. - 30647 of 2023
Petitioner :- Deepankar Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinod Kumar Agarwal Counsel for Respondent :- CSC,Ashish Mishra,Asit Kumar,Mohd. Afzal
Hon'ble Pritinker Diwaker,Chief Justice Hon'ble Ashutosh Srivastava,J.
Heard Shri Anshul Kumar Singhal, learned counsel for the petitioners and learned Standing Counsel representing the State-respondent nos. 1 and 2 and Shri Mohd. Afzal, 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 Buddh Nagar to take appropriate action for executing the recovery certificate dated 3.5.2023. It has been submitted by the petitioner that the recovery certificate against the Respondent No. 4 was issued as far back on 3.5.2023 but the same has not been executed by the Collector, Gautam Buddha Nagar, so far and the petitioner is being denied the fruits of the order of RERA Authorities, which was passed in his favour on 12.12.2022.
Learned Standing Counsel representing the State-respondents 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 of with a direction to the respondent No. 2, District Magistrate, Gautam Buddha Nagar, to make all endeavour to execute the recovery certificate dated 3.5.2023 as expeditiously as possible, preferably within a period of two months of serving a certified copy of this order upon him, if there is no other legal impediment
Order Date :- 6.9.2023 Deepak/
(Ashutosh Srivastava,J.) (Pritinker Diwaker,CJ.)
Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether a writ of Mandamus should be issued to direct the District Magistrate to execute a recovery certificate.
Deepankar Gupta
State Of U.P
District Magistrate, Gautam Buddh Nagar
Pritinker Diwaker
Ashutosh Srivastava
As recorded by the court registry
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