Allahabad High Court
SUNIL KUMAR NISHADversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that the District Magistrate must comply with the recovery certificate expeditiously and without unnecessary adjournments.
Summary
The petitioner, Sunil Kumar Nishad, filed a writ petition seeking a court order directing the District Magistrate of Gautam Buddh Nagar to comply with a recovery certificate dated 06‑06‑2025 issued by another respondent. The respondent District Magistrate assured the court of prompt compliance. After hearing both sides, the judges noted that no notice to private respondents was required. Considering the facts and the interest of justice, the court ordered the District Magistrate to implement the recovery order expeditiously and without unnecessary adjournments, unless a legal impediment exists. The writ petition was therefore disposed of finally with the said direction.
Issues considered
- Whether the High Court can direct the District Magistrate to comply with a recovery certificate issued by another authority
- Whether any procedural notice to private respondents is required in such a direction
Subjects
- writ petition
- district magistrate
- recovery certificate
- compliance
- expeditious execution
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 35681 of 2026
Sunil Kumar Nishad
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Arun Kesari
Counsel for Respondent(s) : C.S.C., Mohd. Afzal
Court No. - 5
HON'BLE PRAKASH PADIA, J.
HON'BLE INDRAJEET SHUKLA, J.
1. The only prayer made by the petitioner in the present writ
petition is to direct the Respondent No.2 namely District
Magistrate, Gautam Buddh Nagar to comply with the order/
recovery certificate dated 06.06.2025 issued by the Respondent
No.3, copy of which is appended as Annexure-1 to the writ
petition.
2. It is argued by the learned Standing Counsel appearing on
behalf of Respondent No.2 that respondent no.2 will comply
with the same, expeditiously.
3. Heard learned counsel for the petitioner and learned
Standing Counsel appearing on behalf of Respondent Nos.1 &
2 and Shri Mohd. Afzal, learned counsel appearing on behalf of
Respondent No.3.
4. In view of the order proposed to be passed today, notices
need not be issued to the private-respondents.
5. Considering the facts and circumstances of the case and and
also in the interest of justice, the present writ petition is
disposed of finally with a direction to the Respondent No.2
namely District Magistrate, Gautam Buddh Nagar, to comply
with the aforesaid order in accordance with law expeditiously
WRIC No. 35681 of 2026
2
without granting any unnecessary adjournment, unless there is
no legal impediment.
(Indrajeet Shukla,J.) (Prakash Padia,J.)
September 9, 2026
Swati
Digitally signed by :-
SWATI PATHAK
High Court of Judicature at Allahabad
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