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2025 DAILYLAW 30835 (ALL)

GAUR HOMES APARTMENT OWNERS ASSOCIATION AND ANOTHER v. STATE OF U.P. AND 5 OTHERS

WRIC/8176/2025 · 2025-03-20

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41630 Court No. - 32 Case :- WRIT - C No. - 8176 of 2025 Petitioner :- Gaur Homes Apartment Owners Association And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Devesh Pandey,J.P. Pandey,Nadeem Uddin Siddiqui Counsel for Respondent :- Awadhesh Kumar Mishra,C.S.C.,Jitendra Kumar Hon'ble Saral Srivastava,J. Order on Order Sheet. Learned counsel for the petitioner is permitted to implead 'Sub- Divisional Officer, Raj Nagar, Collectorate Compound, Ghaziabad' as respondent no.7 in the array of parties during the course of the day. Order on Writ Petition. 1. Heard Sri Anil Bhushan, learned Senior Counsel assisted by Sri Devesh Pandey, learned counsel for the petitioner and learned counsel for the respondents. 2. The petitioner by means of the present writ petition has assailed the order dated 03.03.2025 passed by the respondent no.2-Deputy Registrar, Firms, Societies and Chits, District Ghaziabad. 3. Challenging the aforesaid order, learned Senior Counsel for the petitioner has contended that impugned order is illegal and has been passed without jurisdiction inasmuch as there was a dispute of office bearers of the Society and the Deputy Registrar did not have jurisdiction to enter into the validity of the election. It is submitted that none of the ingredients of Section 25(2) of the Societies Registration Act, 1860 (hereinafter referred to as 'Act, 1860') are present in the instant case allowing the Deputy Registrar to invoke jurisdiction under Section 25(2) of the Act, 1860, and therefore, impugned order is without jurisdiction and cannot be sustained in law. 4. The aforesaid proposition of law raised by the learned Senior Counsel for the petitioner has not been disputed by the learned counsel for respondents. However, it is submitted that considering the facts of the present case, the Deputy Registrar be directed to return the record of the case to the Prescribed Authority, who may decide the dispute within a time bound period. 5. In view of the fact that learned counsel for the respondents does not dispute the proposition of law raised by the learned Senior Counsel for the petitioner, therefore, impugned order cannot be sustained in law and is hereby set aside. The respondent no.2- Deputy Registrar, Firms, Societies and Chits, District Ghaziabad is directed to remit the record of the case to the Prescribed Authority i.e. respondent no.7-Sub-Divisional Officer, Raj Nagar, Collectorate Compound, Ghaziabad within a period of two weeks from today. 6. The respondent no.7 is further directed to decide the dispute expeditiously, preferably within a period of one month thereafter after giving due notice and opportunity of hearing to all the concerned parties. 7. Thus, for the reasons given above, the writ petition is disposed off without any order as to costs. Order Date :- 21.3.2025 Sattyarth Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad