Shivansh and Another v. State of Uttar Pradesh and 3 Others

Chief Justice's Court Case :- WRIT - C No. - 36357 of 2023 Petitioner :- Shivansh And Another Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Utkarsh Birla Counsel for Respondent :- C.S.C.,Mohd. Afzal Hon'ble Pritinker Diwaker,Chief Justice Hon'ble Ajay Bhanot,J. Heard Ms. Aarushi Birla, learned counsel for the petitioners and learned Standing Counsel representing the State-respondent nos. 1 and 3 and Shri Ankit Prakash, learned counsel has put in appearance on behalf of the respondent No.

¶2The petitioners seek issuance of Writ of Mandamus directing the respondent No. 3-District Magistrate, Ghaziabad, to take appropriate action for executing the recovery certificate dated

17.2.2022. It has been submitted by the petitioners that the recovery certificate against the Respondent No. 4 was issued as far back on 17.2.2022 but the same has not been executed by the Collector, Ghaziabad, so far and the petitioners are being denied the fruits of the order of RERA Authorities, which was passed in their favour on 23.3.2021. 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. 3 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. 3, District Magistrate, Ghaziabad, to make all endeavour to execute the recovery certificate dated 17.2.2022 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 :- 19.10.2023 Dhananjai (Ajay Bhanot, J.) (Pritinker Diwaker, CJ.) High Court of Judicature at Allahabad