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2025 DAILYLAW 17977 (ALL)

AMAN JAIN v. STATE OF U.P. AND 3 OTHERS

WRIC/4019/2025 · 2025-04-21

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60197-DB IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.55) Court No. - 21 Case :- WRIT - C No. - 4019 of 2025 Petitioner :- Aman Jain Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashish Pandey Counsel for Respondent :- Siddhartha Srivastava, Tejasvi Misra,C.S.C.,Ravi Prakash Pandey Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The prayer made in the instant petition is for a direction to respondent no.2 to decide the representation of the petitioner dated 05.09.2024 within stipulated time and that its own order dated 13.09.2024 restraining respondent no.4 from disconnecting the supply through diesel generator set to the allottees be implemented. 2. The petitioner is having a flat in a housing society in the name of Shipra Krishna Vista. On 31.08.2024, the Shipra Krishna Vista Residents Welfare Association through its Secretary issued a notice to all the residents requiring them to pay the outstanding charges within seven days failing which action to cut off stand by diesel generator supply and withhold other essential supply of services would be taken. 3. It is not disputed that the petitioner aggrieved thereby approached respondent no.2 and taking notice of the representation of the petitioner, the Executive Engineer / In-charge Parivartan Zone passed order dated 13.09.2024 that the decision of the association for disconnecting supply through DG set would not be enforced. 4. The case of the petitioner is that the representation filed by the petitioner is in fact by way of an appeal as contemplated under Section 22(2) of U.P. Apartment (Promotion of Construction, Ownership and Maintainance) Act, 2010. 5. Sri Siddhartha Srivastava, learned counsel appearing on behalf of respondent no.4 very fairly states that he has no objection in case direction is issued to respondent no.2 to decide the representation of the petitioner. 6. Sri Tejasvi Misra, learned counsel for Ghaziabad Development Authority on basis of written instructions submits that the Ghaziabad Development Authority will take decision in the matter expeditiously. 7. Accordingly, the petition is disposed of by providing that respondent no.2 will take decision on the representation/appeal of the petitioner dated 05.09.2024 within four weeks from the date of communication of the instant order after hearing the parties. Order Date :- 22.4.2025 Ashish Pd. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad