Court No. - 29
Case :- WRIT - C No. - 33681 of 2021 Petitioner :- Shishir Kumar Jha Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudhir Kumar Pandey Counsel for Respondent :- C.S.C.,Wasim Masood
Hon'ble Pritinker Diwaker,J. Hon'ble Ashutosh Srivastava,J.
Heard Sri Sudhir Kumar Pandey, learned counsel for the petitioner and learned Standing Counsel representing the respondents No.1 & 2. Sri Wasim Masood, learned counsel has put in appearance on behalf of the Respondent No.4.
The petitioner seeks issuance of writ of mandamus directing the respondent No.2, District Magistrate, Gautam Buddh Nagar, to take appropriate action for executing the recovery certificate dated 08.09.2020 in Complaint No.NCR144/06/0322/2019 (Shishir Kumar Jha Vs. M/s Ansal Hi-Tech Township Ltd.). It has been submitted by the petitioner that the recovery certificate against the Respondent No.3 was issued as far back on 08.09.2020, but the same has not been executed by the respondent No.2, so far and the petitioner is being denied the fruits of the order of RERA Authorities, which was passed in his favour on 16.12.2019.
Learned Standing Counsel representing the respondents No.1 & 2 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.3 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.3 is dispensed with.
In view of the above, the writ petition is finally disposed of with a direction to the respondent No.2, District Magistrate, Gautam Buddh Nagar, to make all endeavour to execute the recovery certificate dated 08.09.2020, which has been issued for recovery of Rs.8,70,028.21, as expeditiously as possible, preferably within a period of one month of serving a certified copy of this order upon him, if there is no other legal impediment.
Order Date :- 17.12.2021/pks