Narendra Verma v. U.P. Real Estate Regulatory Authority Thru. Its Secy. Lko. and Others

Court No. - 1 Case :- WRIT - C No. - 10370 of 2023 Petitioner :- Narendra Verma Respondent :- U.P. Real Estate Regulatory Authority Thru. Its Secy. Lko. And Others Counsel for Petitioner :- Abhishek Khare,Aahuti Agarwal Counsel for Respondent :- Shobhit Mohan Shukla,C.S.C. Hon'ble Attau Rahman Masoodi,J. Hon'ble Om Prakash Shukla,J.

¶1Heard Sri Abhishek Khare learned counsel for the petitioner and learned Standing Counsel for the State. Sri Shobhit Mohan Shukla learned counsel has accepted notice on behalf of the respondent no. 1.

¶2The petitioner seeks issuance of writ of mandamus directing respondent No.2, District Magistrate to take appropriate action for executing the recovery certificate dated 14.3.2023. It has been submitted by the petitioner that the recovery certificate against respondent No. 3 was issued as far back as on 14.3.2023 but the same has not been executed by the District Magistrate so far and the petitioner is being denied the fruits of the order of Uttar Pradesh Real Estate Regulatory Authority passed in favour of the petitioner on 7.12.2019 and 18.9.2021.

¶3Learned Standing Counsel representing respondent nos. 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 the District Magistrate to proceed with the execution of the recovery certificate.

¶4Having regard to the above submissions, we dispense with the service of notice upon respondent No. 3 and dispose of the writ petition with direction to respondent-District Magistrate, to make serious endeavor to execute recovery certificate dated

14.3.2023 as expeditiously as possible preferably within a period of two months provided there is no legal impediment. In case, there is any legal impediment, the District Magistrate will pass a speaking order within two weeks from the date of receipt of a true attested copy of the instant order. Order Date :- 29.11.2023 kanhaiya High Court of Judicature at Allahabad, Lucknow Bench