Allahabad High Court
Prithipal Singh Sikka vs State Of U.P. And 3 Others on 2 April, 2024
Author: Manoj Kumar Gupta
Bench: Manoj Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:56185-DB Court No. - 21 Case :- WRIT - C No. - 10713 of 2024 Petitioner :- Prithipal Singh Sikka Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kirti Kumar Nirkhi,Shobhit Saxena Counsel for Respondent :- C.S.C.,Mohd. Afzal Hon'ble Manoj Kumar Gupta,J.
Hon'ble Kshitij Shailendra,J.
1. Heard learned counsel for the parties.
2. The petitioner seeks issuance of writ of mandamus directing respondent No. 2, Collector/District Magistrate, Gautam Budh Nagar to take appropriate action for executing the recovery certificate dated 02.12.2023. It has been submitted by the petitioner that the recovery certificate against respondent No.4 were issued as far back as on 02.12.2023, but the same has not been executed by the District Magistrate so far and the petitioner is being denied fruits of the orders of RERA Authorities passed in her favour on 14.02.2022.
3. Learned Standing Counsel for 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 District Magistrate to proceed with the execution of the recovery certificate.
4. Having regard to the above submissions, we dispense with the service of notice upon respondent No. 4 and dispose of the writ petition with direction to respondent No.2- Collector/District Magistrate, Gautam Budh Nagar to make serious endeavor to execute recovery certificate dated 02.12.2023, 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 Collector/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 :- 2.4.2024 Sazia (Kshitij Shailendra,J.) (Manoj Kumar Gupta, J.)