Neutral Citation No. - 2025:AHC-LKO:42993 Court No. - 7 Case :- WRIT - C No. - 6887 of 2025 Petitioner :- Chandra Panorama Resident Welfare Association Thru. President Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko. And 2 Others Counsel for Petitioner :- Mukteshwar Mishra Counsel for Respondent :- C.S.C.,Sanjay Kumar Hon'ble Pankaj Bhatia,J. 1. Heard Shri Vivek Prakash Mishra, learned counsel for the petitioner and Shri Sanjay Kumar, learned counsel for respondent No.3. 2. The present petition has been filed by the petitioner challenging an order dated 05.06.2025, whereby the registration as sought as a Resident Welfare Association has been rejected. 3. In the impugned order, it has been observed that the completion certificate has not been granted in respect of the entire project. It has also been observed that in the absence of material to demonstrate that the Management Committee was elected, the registration under Section 4-B of the Societies Registration Act, 1860 was not possible. The said action of the respondent is primarily an ex facie contrary to the judgement of the Division Bench of this Court in the case of Designarch Infrastructure Pvt. Ltd. and another Vs. Vice Chairman and others; Civil Misc. Writ Petition No.33826 of 2012, wherein the Division Bench of this Court has observed as under:- "65(9). The association of apartment owners is to be registered by the Registrar, Deputy Registrar or Sub-Registrar under the Societies Registration Act as amended in the State of U.P. If bye-laws are inconformity with the model byelaws as notified on 16.11.2011, the Registrar/ Deputy Registrar/ Sub-Registrar cannot refuse to register association on the ground that it contains less than minimum number of members of the society under the Societies Registration Act or that it does not comply with any of the provisions of the Societies Registration Act as amended in the State of U.P. The registration of the association is in compliance with the provisions of the U.P. Apartment Act, 2010, U.P. Apartment Rules, 2011 and model byelaws. It shall be the joint responsibility of the promoter and apartment owners to obtain the registration. The Registrar/ Deputy Registrar/ Sub Registrar shall not refuse to register the association, if the promoter does not join even after one month's notice given by the apartment owners or 33% of the apartment owners, whichever is more. It is clarified that the completion of all infrastructure services and completion certificate from local authority will not be a ground to deny the registration, as the issuance of completion certificate depends on the steps to be taken by the promoter. The delay caused by him in obtaining such certificate will defeat the object of formation of the society and the enforcement of the rights and liabilities of the promoter and the apartment owners. In such case the society will be registered provisionally under the certificate to be given by the competent authority as defined in Rule 2 (c) of the Act, who will give a time period to the promoter to provide all infrastructure services and to obtain completion certificate, failing which the promoter will invite the punishment for the offence as prescribed under Section 25 of the Act including the punishment of imprisonment under Section 25(1) of the Act." 4. In light of the said, the order impugned dated 05.06.2025 cannot be sustained and is quashed. 5. The matter is remanded to the Deputy Registrar to pass an order strictly in terms of the directions contained and extracted above within a period of three weeks from today. 6. It is made clear that the completion certificate would not be a factor, which will come in the way of registration. 7. The petition stands disposed of in terms of above. Order Date :- 25.7.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench