Allahabad High Court
RADHEY SHYAM SINGHversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
The writ petition is dismissed because execution proceedings are already pending before the District Consumer Redressal Forum.
Summary
Petitioner Radhey Shyam Singh filed a writ petition before the Allahabad High Court seeking mandamus directing the State of U.P. and others to execute a recovery certificate and a non‑bailable warrant issued by the District Consumer Disputes Redressal Commission, Gautam Buddha Nagar. The Court observed that the petitioner had already initiated execution proceedings (Case No. 151 of 2023) in the District Consumer Redressal Forum, which were still pending. Since the execution process was already underway, the Court held that the relief sought through the writ could not be granted. Consequently, the writ petition was dismissed. The decision underscores that a writ of mandamus is unavailable where the appropriate remedial mechanism is already in progress.
Issues considered
- What is the appropriate remedy when execution proceedings under a consumer dispute redressal commission are already pending?
- Can a writ of mandamus be issued to compel execution of a recovery certificate and warrant in such circumstances?
Subjects
- writ of mandamus
- consumer dispute redressal
- execution proceedings
- high court jurisdiction
- remedial mechanism
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 37035 of 2026
Radhey Shyam Singh
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Nikhil Kumar Yadav, Vagish Yadav
Counsel for Respondent(s) : C.S.C.
Court No. - 5
HON'BLE PRAKASH PADIA, J.
HON'BLE VIVEK SARAN, J.
1. The petitioner has preferred the present writ petition inter-alia with the
following prayer:-
"(a) Issue a writ, order, or direction in the nature of mandamus
commanding the Respondent No. 2 to execute the recovery certificate
dated 29.11.2023 issued by the District Consumer Disputes Redressal
Commission, Gautam Buddha Nagar in Execution Case No. 151 of 2023
arising out of Complaint No. 632 of 2022 (R.S. Singh vs. Vinod Kumar
Dwivedi and others) and recover the amount mentioned in the Recovery
Certificate and up to date interest, within ap reasonable time frame,
preferably within a period of one month, or as may be directed by this
Hon'ble Court.
(b) Issue a writ, order, or direction in the nature of mandamus
commanding the respondent no. 3 to execute the Non-Bailable Warrant
issued by the President, District Consumer Disputes Redressal
Commission, Gautam Buddha Nagar, against the Respondent Nos. 4, 5,
and 6."
2. It is clear from perusal of the record that for the execution of the
recovery order passed in Complaint Case No.632 of 2022 (R.S. Singh vs.
Vinod Kumar Dwivedi and others), an execution proceedings have
already been initiated by the petitioner being Case No.151 of 2023 which
is still pending consideration before the District Consumer Redressal
Forum, Gautam Buddha Nagar.
WRIC No. 37035 of 2026
2
3. In this view of the matter, we are of the opinion that once execution
proceedings have already been initiated by the petitioner which is still
pending consideration before the District Consumer Redressal Forum,
Gautam Buddha Nagar, the relief as prayed for in the present writ petition
could not be granted.
4. Accordingly, the writ petition is dismissed.
(Vivek Saran,J.) (Prakash Padia,J.)
September 16, 2026
Swati
Digitally signed by :-
SWATI PATHAK
High Court of Judicature at Allahabad
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