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2025 DAILYLAW 119608 (ALL)

REETA SINGH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOUSING AND URBAN PLANNING LKO. AND 5 OTHERS

WRIC/784/2025 · 2025-01-30

Brij Raj Singh, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6533-DB Court No. - 2 Case :- WRIT - C No. - 784 of 2025 Petitioner :- Reeta Singh And Another Respondent :- State Of U.P. Thru. Prin. Secy. Housing And Urban Planning Lko. And 5 Others Counsel for Petitioner :- Shiv Kumar Vishwakarma,Jeet Tripathi Counsel for Respondent :- C.S.C.,Puneet Chandra Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioners, learned Additional Chief Standing Counsel for the State and learned counsel for the Avas Vikas Parishad. This is the second writ petition filed by the petitioner no. 1. The earlier writ petition bearing Writ - C No. 10888 of 2024 was dismissed on 20.12.2024. On being confronted learned counsel for the petitioners submitted that now the wife, who is the owner of the flat, has been arrayed as petitioner no. 1. The petitioner no. 2 is said to be the tenant of petitioner no. 1. The Flat has been allotted by the opposite party no. 2 in favour of petitioner no. 1. The grievance is that the petitioners are not being allowed the entry into premises. Learned counsel for the Avas Vikas Parishad says that as of now there is no agreement available with the opposite party no. 2 and its officials which may have been entered into between petitioner no. 1 and 2. There are other practical difficulties involved and complaints regarding the conduct of the petitioner no. 2 who claims to be a tenant of petitioner no. 1. However, if proper decency is maintained and the rules for the flat owners are also followed, then, the matter can be resolved. The tenant is required to sign the movement register apart from following other norms. There are complaints that he wants entry forcibly with the help of several persons thereby disturbing the peace and hormony in the premises. Learned counsel for the Parishad has placed before us certain complaints regarding the conduct of the petitioner no. 2 which are taken on record. The petitioner may approach Residence Welfare Society and complete the other formalities as required or seek such other remedy as may be permissible in law. The Residence Welfare Society has not been impleaded as an opposite party. With the aforesaid observations/directions, the writ petition is disposed of. . (Brij Raj Singh,J.) (Rajan Roy,J.) Order Date :- 30.1.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench