Rajat Mohan Vs State of U.P. and 3 Others

Neutral Citation No. - 2023:AHC:184020-DB

Court No. - 46

Case :- WRIT - C No. - 32449 of 2023

Petitioner :- Rajat Mohan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anshul Kumar Singhal Counsel for Respondent :- CSC,Ashish Mishra,Mohd. Afzal

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Hon'ble Ashwani Kumar Mishra,J. Hon'ble Syed Aftab Husain Rizvi,J.

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Heard learned counsel for the petitioner, Mr. Mohd. Afzal learned counsel for respondent no.3 and Sri Ashish Kumar Mishra, learned counsel for respondent no.4.

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The petitioner seeks issuance of writ of mandamus directing respondent No. 2, Collector/ District Magistrate, Gautam Budh Nagar to take appropriate action for executing the recovery certificate dated 10.05.2023. It has been submitted by the petitioner that the recovery certificate against respondent No. 4 was issued as far back as on 10.05.2023, but the same has not been executed by the collector so far and the petitioner is being denied fruits of the order of RERA Authorities passed in his favour on 10.01.2023.

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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 respondent no.2 to proceed with the execution of the recovery certificate.

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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 no.2 to make serious endeavour to execute recovery certificate dated 10.05.2023 as expeditiously as possible preferably within a period of three months provided there is no legal impediment. In case, there is any legal impediment, the respondent no.2 will pass a speaking order within two weeks from the date of receipt of a true attested copy of the instant order.

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Order Date :- 22.9.2023 C. MANI

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Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad

Rajat Mohan v. State of U.P. and 3 Others

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