Court No. - 29
Case :- WRIT - C No. - 33805 of 2021 Petitioner :- Vikram Rai Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Yadav,Prashant Kanha Counsel for Respondent :- C.S.C.
Hon'ble Pritinker Diwaker,J. Hon'ble Ashutosh Srivastava,J.
Heard Shri Santosh Yadav, learned counsel for the petitioner and learned Standing Counsel representing the respondents No.1 & 2.
The petitioner seeks issuance of Writ of Mandamus directing the respondent No.2, Collector, Gautam Budh Nagar to take appropriate action for executing the recovery certificate dated 29.1.2021 in Complaint No.10201821465 (Vikram Rai Vs. M/s Supertek Ltd.). It has been submitted by the petitioner that the recovery certificate against the respondent No.3 was issued as far back on 29.1.2021, but the same has not been executed by the Collector, Gautam Budh Nagar, so far and the petitioner is being denied the fruits of the order of RERA Authorities, which was passed in his favour on 22.8.2019 Learned Standing Counsel representing the 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 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 off with a direction to the respondent No.2, Collector, Gautam Budh Nagar, to make all endeavour to execute the recovery certificate dated 29.1.2021, which has been issued for recovery of Rs.1,06,82,201.46, 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 :- 20.12.2021 Ravi Prakash