Preetinder Singh Chadha v. State of U.P. and 3 Others

Court No. - 39 Case :- WRIT - C No. - 37887 of 2023 Petitioner :- Preetinder Singh Chadha Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Utkarsh Birla Counsel for Respondent :- C.S.C.,Mohd. Afzal Hon'ble Saumitra Dayal Singh,J. Hon'ble Shiv Shanker Prasad,J.

¶1Heard Sri Utkarsh Birla, learned counsel for the petitioner and learned Standing Counsel representing the State-respondent nos. 1 and 3 and Shri Mohd. Afzal, learned counsel has put in appearance on behalf of the respondent No. 2.

¶2The petitioner seeks issuance of Writ of Mandamus directing the respondent No. 3-District Magistrate, Gautam Buddh Nagar to take appropriate action for executing the recovery certificate dated

17.02.2022. It has been submitted by the petitioner that the recovery certificate against the Respondent No. 4 was issued as far back on 17.02.2022 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 16.02.2021.

¶3Learned 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.

¶4On 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.

¶5In view of the above, the writ petition is finally disposed of with a direction to the respondent No. 3, District Magistrate, Gautam Buddha Nagar, to make all endeavour to execute the recovery certificate dated 17.02.2022 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 :- 2.11.2023 SK Srivastava (Shiv Shanker Prasad,J.).. . . (S.D. Singh,J.) High Court of Judicature at Allahabad