Suresh Tripathy v. State of U.P. and 3 Others

Chief Justice's Court Case :- WRIT - C No. - 38426 of 2023 Petitioner :- Suresh Tripathy Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rahul Pandey Counsel for Respondent :- C.S.C.,Ashish Mishra,Mohd. Afzal Hon'ble Pritinker Diwaker,Chief Justice Hon'ble Ashutosh Srivastava,J. Heard Shri Rahul Pandey, learned counsel for the petitioner and learned Standing Counsel representing the State-respondent nos. 1 and 2, Mohd. Afzal, learned counsel has put in appearance on behalf of the respondent No. 3 and Shri Ashish Mishra, learned counsel for respondent No. 4. The petitioner seeks issuance of Writ of Mandamus directing the respondent No. 2 District Magistrate, Gautam Buddha 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 District Magistrate, 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 2.2.2021. 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. 2 to proceed with the recovery certificate. In view of the above, the writ petition is finally disposed off 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 :- 7.11.2023 Ravi Prakash (Ashutosh Srivastava, J.) (Pritinker Diwaker, CJ) High Court of Judicature at Allahabad