Sh. Vishal Kumar Sharma v. State of U.P. and 3 Others

Chief Justice's Court Case :- WRIT - C No. - 38376 of 2023 Petitioner :- Sh. Vishal Kumar Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prashant Sharma Counsel for Respondent :- C.S.C.,Mohd. Afzal Hon'ble Pritinker Diwaker,Chief Justice Hon'ble Ashutosh Srivastava,J. Heard Shri Prashant Sharma, learned counsel for the petitioner and learned Standing Counsel representing the State-respondent nos. 1 and 2 and 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, Ghaziabad, to take appropriate action for executing the recovery certificate dated 10.5.2023. It has been submitted by the petitioner that the recovery certificate against the Respondent No. 4 was issued as far back on

10.5.2023 but the same has not been executed by the District Magistrate, Ghaziabad, so far and the petitioner is being denied the fruits of the order of RERA Authorities, which was passed in his favour on 18.5.2022. 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 off with a direction to the respondent No. 2, District Magistrate, Ghaziabad to make all endeavour to execute the recovery certificate dated 10.5.2023 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