HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11165 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Abhinav Singh, the learned counsel for the petitioner, Sri Devendra Mohan Shukla, the learned Additional Chief Standing Counsel appearing on behalf of the State, Sri Pratyush Chaubey, the learned counsel for the opposite party no.2, Sri Prakhar Mishra, Advocate who has put in appearance on behalf of the opposite party no.5 and filed his vakalatnama, which is taken on record. 2. By means of the instant petition filed under Article 226 of the Constitution of India the petitioner has challenged the validity of an order dated 08.10.2025, passed by the Deputy Registrar, Firms Societies and Chits, Lucknow Division, Lucknow whereby the Deputy Registrar has rejected the application for registration of society named Omax Waterscape Resident Welfare Association. 3. As the learned counsel for the petitioner has confined his submissions assailing the validity of the impugned order on the ground of lack of jurisdiction only and he has not pressed on merits of the case, the learned counsel for the opposite parties have stated that they do not propose to file counter affidavit and the writ petition is being decided after hearing submissions of learned counsel for the parties finally. 4. It is recorded in the impugned order dated 08.10.2025 that Sri Jabarjit Singh has submitted an application for registration of Society Omax Waterscape Resident Welfare Association in the capacity of its President on Versus Counsel for Petitioner(s) : Abhinav Singh, Shashank Singh Counsel for Respondent(s) : C.S.C., Ratnesh Chandra, Sanjay Kumar, Vaibhav Shukla Rajinder Singh .....Petitioner(s) State Of U..P. Thru. Addl. Chief Prin. Secy. Deptt. Housing And Urban Planning Lko. And 4 Others .....Respondent(s) 26.05.2025. On 13.06.2025, some apartment residents objected against the application stating that the builder was trying to constitute a society by its hand picked persons. Some other persons filed objections against the registration of the society on 16.06.2025. The Deputy Registrar has recorded in the impugned order that another application for registration of the society was submitted by Smt. Reena Dixit on 04.07.2025 but this application was rejected as an earlier application for registration of the same society was already pending. Regarding the earlier application it is recorded that 35 apartment owners have given affidavits in support of the application and 65 apartment owners have given affidavits opposing the application. 5. The learned counsel for the petitioner has submitted that the Deputy Registrar has no authority to reject the registration of the society and he could only have refer the matter to the State Government as per the provisions in Section 3-B of Societies Registration Act, as applicable to the State of Uttar Pradesh which provides as follows: ""3B. Reference to the State Government.- If any question arises whether any society is entitled to get itself registered in accordance with section 3 or to get its certificate of registration renewed in accordance with section 3-A, the matter shall be referred to the State Government, and the decision of the State Government thereon shall be final."[U.P. Act No. 26 of 1979]" 6. Although, the learned counsel for the opposite party no.5 has tried to advance his submissions on merit, he has also fairly conceded that the Deputy Registrar had no jurisdiction to reject an application for registration and as per the provisions of Section 3-B of the Act he ought to have referred the matter to the State Government. 7. In view of above, I am of the considered view that there is force in the aforesaid submission of the learned counsel for the petitioner that the impugned order dated 08.10.2025 has been passed by the Deputy Registrar without jurisdiction and he ought to have referred the matter to the State Government. 8. Accordingly, the writ petition is allowed. The impugned order dated 08.10.2025, passed by the Deputy Registrar Firms, Societies & Chits, Lucknow is hereby quashed. The matter is remanded to the Deputy Registrar Firms, Societies & Chits, Lucknow Division, Lucknow with a direction that he should make reference to the State Government under Section 3-B of the WRIC No. 11165 of 2025 2 Act within a period of one week from the date of receipt of a certified copy of this order. The State Government shall pass appropriate orders on the reference after giving opportunity to the affected persons expeditiously in accordance with law. As a result of quashing of the order dated 08.10.2025, passed by the Deputy Registrar the consequential order dated 18.10.2025, passed by the competent authority under U.P. Apartments Act, 2010, a copy whereof has been filed as Annexure No.2 to the petition also stands quashed. November 28, 2025 Ram. WRIC No. 11165 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench