Allahabad High Court
WRIC/37035/2026 of RADHEY SHYAM SINGH Vs STATE OF U.P. AND 5 OTHERS on 15 September 2026
JUDICATURE AT ALLAHABAD WRIT - C No. - 37035 of 2026 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
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 37035 of 2026
Court No. - 5
HON'BLE PRAKASH PADIA, J.
HON'BLE VIVEK SARAN, J.
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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. Versus Counsel for Petitioner(s) : Nikhil Kumar Yadav, Vagish Yadav Counsel for Respondent(s) : C.S.C. Radhey Shyam Singh .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s)
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. September 16, 2026 Swati WRIC No. 37035 of 2026 2 (Vivek Saran,J.) (Prakash Padia,J.) Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad