Neutral Citation No. - 2025:AHC:35158-DB Court No. - 21 Case :- WRIT - C No. - 7098 of 2025 Petitioner :- Kapil Tyagi And 4 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ramji Shukla,Vinay Kumar Singh Counsel for Respondent :- C.S.C.,Ravi Prakash Pandey Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. 1. Heard Sri Vinay Kumar Singh, learned counsel for the petitioners, Sri Manu Ghildyal, learned counsel for respondent no. 2 and learned Standing Counsel for the State respondents. 2. Prayer made in the instant petition is for a direction to the respondents to form, constitute and register an Association of Apartment Owners or Resident Welfare Association of flat owners of Charms Castle Society, Raj Nagar Extension, Ghaziabad. 3. The petitioners claim to be in possession of different flats on basis of Builder- Buyer Agreement in a Group Housing Society in the name of Charms Castle Society, situated at Raj Nagar Extension, Ghaziabad. Their grievance is that the developer/promoter is not taking any steps to form the Association of Apartment Owners as provided under Section 14 of the U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010. 4. Section 14 (relevant part) reads as follows: - “(2) It shall be the joint responsibility of the promoter and the apartment owners to form an Association. The Promoter shall get the Association registered when such numbers of apartments have been handed over to the owners which are necessary to form an association or sixty percent of apartments, whichever is more, by way of sale, transfer or possession, provided the building has been completed along with all infrastructure services and completion certificate obtained from the concerned local authority: Provided that in case of an independent area or an independent commercial area the promoter may form a separate Association for its management, if required." 5. In paragraph 5 of the writ petition, it is asserted that so far the developer/promoter has not provided amenities, like security, parking, swimming pool, gym, etc. There is no completion certificate annexed with the writ petition, nor there is any pleading that the building is complete in all respects or such a certificate has been granted. 6. In such view of the matter, at this stage, we decline to issue any direction and leave it open to the petitioners to raise the issue at appropriate stage. 7. The petition is disposed of with the aforesaid observations. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 11.3.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad