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2025 DAILYLAW 23002 (ALL)

LAND CRAFT GOLFLINK APARTMENT OWNERS ASSOCIATION v. STATE OF U.P. AND 3 OTHERS

WRIC/5644/2025 · 2025-05-26

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:90579-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 37) Court No. - 21 Case :- WRIT - C No. - 5644 of 2025 Petitioner :- Land Craft Golflink Apartment Owners Association Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nadeem Uddin Siddiqui,Raj Kumar Dhama Counsel for Respondent :- C.S.C.,Manu Ghildyal,Ravi Prakash Pandey Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Sri Mohd. Arish, Advocate has filed his power on behalf petitioner association. The vakalatnama is duly signed by the present officer bearers. The same is taken on record. 2. The petitioner is an association of apartment owners of Land Craft Golflink. The association claims to be registered under the Societies Registration Act. 3. The petitioner has alleged that the developer i.e. respondent no. 4 has failed to provide power backup and has also not transferred IFMS and Sinking Fund to the petitioner association in violation of the mandate of Uttar Pradesh Apartment (Promotion of Construction, Ownership And Maintenance) Act, 2010. The petitioner has made grievance in this regard before respondents no. 2 and 3 and as no action has been taken, therefore, the instant petition has been filed praying for a direction to them to decide the complaint of the petitioner association in respect of mismanagement on part of respondent no. 4 and not making available the necessary facilities and IFMS and sinking fund. 4. Sri Manu Ghildyal, learned counsel appearing on behalf of respondents no. 2 and 3 states that the complaint of the petitioner association would be duly considered. 5. Accordingly, without expressing any opinion on merits the writ petition is disposed of with direction to respondent no.2- Vice-Chairman, Ghaziabad Development Authority, Ghaziabad to decide the complaints dated 29.3.2024 and 7.5.2024 within twelve weeks from the date of communication of the instant order after due notice and opportunity of hearing to the petitioner association as well as respondent no. 4. Order Date :- 27.5.2025 Kirti (Anish Kumar Gupta, J.) (Manoj Kumar Gupta,J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad