Allahabad High Court
SANJAY UPRETIversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The Court directed the Collector/District Magistrate to execute the recovery certificate as there is no legal impediment.
Summary
Petitioner Sanjay Upreti filed a writ petition under Article 226 seeking a mandamus directing the Collector/District Magistrate of Gautam Budh Nagar to execute a Recovery Certificate issued by RERA on 27 July 2024 for a sum of Rs.19,70,506.02 with interest. The respondents, including RERA and the State, raised no objection to the direction. The Court examined whether the magistrate could be compelled to act on the certificate and found no legal impediment. Consequently, the petition was disposed with an order directing the magistrate to consider and dispose of the recovery matter within two months of the order. The decision effectively mandates execution of the recovery certificate.
Issues considered
- Whether a writ of mandamus can be issued directing the Collector/District Magistrate to execute the Recovery Certificate issued by RERA.
Subjects
- Writ petition
- Article 226
- Mandamus
- Recovery certificate
- RERA
- District Magistrate
- Execution of recovery
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17354 of 2026
Sanjay Upreti
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vijay Kumar Rai
Counsel for Respondent(s) : C.S.C., Vipul Raj Gautam
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE INDRAJEET SHUKLA, J.
1. Sri Srijan Pandey, learned Advocate has put in appearance on behalf of
the respondent Nos.- 2 & 3, namely RERA, Gautam Buddh Nagar by
filing vakalatnama which is taken on record.
2. Heard Sri Vijay Kumar Rai, learned counsel for the petitioner, Sri
Srijan Pandey, learned counsel for the RERA and learned Standing
Counsel for the State respondents.
3. By means of this petition filed under 226 of the Constitution, petitioner
has prayed for following relief:
"1. Issue a writ, order or direction in the nature of mandamus thereby directing
Respondent No. 4 to execute the Recovery Certificate issued/ passed by Respondent
No. 3 dated 27.07.2024 (copy of which is contained in Annexure No. 1) for recovery of
Rs. 19,70,506.02 along with further interest as per the terms of the Recovery
Certificate, within a period of two months."
4. Sri Srijan Pandey, learned counsel appearing for RERA and learned
Standing Counsel appearing for State respondents do not have any
objection in the event respondent No.- 4, namely Collector/ District
Magistrate, Gautam Budh Nagar is directed to decide the pending matter
of recovery in a stipulated period of time.
5. In view of the above, this petition stands disposed of with a direction to
the respondent No.- 4 to consider and dispose of the matter of recovery
WRIC No. 17354 of 2026
2
pursuant to the recovery certificate dated 27.07.2024 as expeditiously as
possible preferably within a period of two months from the date of
presentation of certified copy of this order, if otherwise, there is no legal
impediment.
(Indrajeet Shukla,J.) (Ajit Kumar,J.)
May 5, 2026
IrfanUddin
Digitally signed by :-
IRFAN UDDIN SIDDIKI
High Court of Judicature at Allahabad
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