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Allahabad High Court

PAYAL RAGHUVANSHI AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The Court held that the District Magistrate must decide the matter in accordance with law and within four weeks, thereby granting the petitioner's relief.

Summary

The petitioners filed a writ petition seeking a mandamus directing the District Magistrate of Ghaziabad (Respondent No.3) to enforce a recovery certificate dated 26 March 2024 against a defaulting developer. They alleged that despite the certificate being issued by Respondent No.2, no action had been taken by the District Magistrate. The respondents argued that the magistrate would act expeditiously. After hearing both sides and reviewing the record, the Court ordered the District Magistrate to decide the matter in accordance with law within four weeks, unless a legal impediment exists. The order was made without giving notice to the respondents, reserving their right to seek modification. The petition was thus disposed with directions for prompt execution of the recovery certificate.

Issues considered

  • Whether the District Magistrate should be directed by a writ of mandamus to enforce the recovery certificate issued by the revenue authority
  • Whether the petitioners are entitled to an order directing expeditious action within a specified time frame

Subjects

  • writ of mandamus
  • recovery certificate
  • district magistrate
  • expeditious execution
  • public authority
  • civil procedure

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                       WRIT - C No. - 40046 of 2026

Payal Raghuvanshi And Another
                                                          .....Petitioner(s)
                                  Versus

State Of U.P. And 3 Others
                                                        .....Respondent(s)

Counsel for Petitioner(s)              :   Santosh Kukmar Tiwari
Counsel for Respondent(s)              :   C.S.C., Mohd. Afzal

Court No. - 5
                   HON'BLE PRAKASH PADIA, J.
                   HON'BLE VIVEK SARAN, J.

1. Heard learned counsel for the petitioners, learned Standing Counsel for
respondent Nos.1 & 3 and Sri Mohd. Afzal, learned counsel for
respondent No.2.

2. The petitioners have preferred the present petition with the following
prayer:-

     "I. Issue Writ, or Order in the Nature of Mandamus Directing
     Commanding the Respondent Authorities to ensure the
     Expeditious Execution of the Recovery Certificate dated
     26.03.2024 (as contained in Annexure No.-6) against
     defaulting Developer i.e. Respondent No.4, within a period of
     One Month or stipulated time period fixed by this Hon'ble
     Court."

3. In view of the order proposed to be passed herein, no useful purpose
would be served by putting the respondent/respondents to notice and
keeping this petition pending before this Court. However, in case
respondent/respondents feels aggrieved by the order his/her right to seek
modification/variation of the order is being kept reserved.

4. It is argued by learned counsel for the petitioners that despite the
recovery certificate dated 26.03.2024 issued by the respondent No.2, no
action has been taken by the respondent No.3/District Magistrate,
Ghaziabad.
                                                                                        WRIC No. 40046 of 2026
                                                                 2


                                  5. On the other hand, it is argued by learned Standing Counsel that
                                  respondent No.3 will take a decision in the matter expeditiously.

                                  6. Heard learned counsel for the parties and perused the record.

                                  7. In the facts and circumstances of the case, the present petition is
                                  disposed       of      directing     the  respondent       No.3/District
                                  Magistrate, Ghaziabad to take a decision in the matter strictly in
                                  accordance with law most expeditiously and preferably within a period of
                                  four weeks from the date of production of certified copy of this order
                                  unless there is no legal impediment.



                                                                      (Vivek Saran,J.) (Prakash Padia,J.)
                                  October 1, 2026
                                  saqlain




Digitally signed by :-
SYED MOHAMMAD SAQLAIN HAIDER
High Court of Judicature at Allahabad


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