SUNBREEZE APARTMENT-I RESIDENTS WELFARE ASSOCIATION THRU. ITS SECY. AMIT KUMAR AGARWAL AND ANOTHER v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. /PRIN. SECY. DEPTT. OF FINANCE AND 5 OTHERS
WRIC/7081/2025 · 2025-07-25
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 154166 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154166 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:42899 Court No. - 7 Case :- WRIT - C No. - 7081 of 2025 Petitioner :- Sunbreeze Apartment-I Residents Welfare Association Thru. Its Secy. Amit Kumar Agarwal And Another Respondent :- State Of U.P. Thru. Its Addl. Chief Secy. /Prin. Secy. Deptt. Of Finance And 5 Others Counsel for Petitioner :- Santosh Kumar Tripathi,Gaurav Mehrotra,Santosh Kumar Tripathi Counsel for Respondent :- C.S.C., Ganga Prasad Mishra, Siddharth Nandwani Hon'ble Pankaj Bhatia,J.
1. Heard Sri Gaurav Mehrotra, the counsel for the petitioner and Sri Siddharth Nandwani who appears for the respondent no.4.
2. The present petition has been filed by the petitioner challenging the order dated 27.05.2025 whereby, the Deputy Registrar has passed an order in exercise of power under section 25(2) of the Societies Registration Act, directing the holding of elections.
3. The neat submission of the counsel for the petitioner is that no material, which is required for exercise of the power under section 25(2) of the Act were existed for exercise of the power, as has been done by means of the impugned
order. He has stated that the election was held and, the society has not become time barred also.
4. The matter requires consideration.
5. At this stage, the counsel for the respondent states that the matter may be decided finally in view of the fact that the maintenance of the society is suffering. He submits that the residents of the society had various grievances in the manner in which, the petitioner's claim to have held the election, which according to them is contrary to the bye-laws.
6. Without going into the merit of the contention or the validity of election at this stage, the impugned order dated 27.05.2025 cannot be sustained for the sole reason that, the material for exercising of power under section 25(2) of the Act was non-existent. Thus, on the said limited ground, the order dated 27.05.2025 is set aside. The consequential orders shall naturally be quashed.
7. The parties including the petitioner and the respondent would be at liberty to take such action as may be advised to protect their interest in accordance with law.
8. The writ petition stands disposed off with the said observations.
Order Date :- 25.7.2025 VNP/- Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench