Neutral Citation No. - 2025:AHC:41480 Court No. - 32 Case :- WRIT - C No. - 8289 of 2025 Petitioner :- Savy Villa De Apartments Owners And Another Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Gajendra Singh Arya,Shikhar Tandon Counsel for Respondent :- C.S.C. Hon'ble Saral Srivastava,J. Order on Order Sheet. Learned counsel for the petitioner is permitted to implead 'Prescribed Authority under Section 25(1) of the Societies Registration Act/Sub-Divisional Magistrate, Sadar, Ghaziabad' as respondent no.6 in the array of parties during the course of the day. Order on Writ Petition. 1. Heard Sri Shikhar Tandon, 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 24.02.2025 passed by the respondent no.2-Deputy Registrar, Chits, Societies and Funds, Ghaziabad, District Ghaziabad. 3. Challenging the aforesaid order, learned counsel for the petitioner has contended that respondent no.2 while passing the impugned order has not given any notice and opportunity of hearing to the petitioner. In this respect, necessary averment has been made in paragraph no.21 of the writ petition. Accordingly, it is submitted that the impugned order has been passed in violation of principles of natural justice. It is further submitted that it is a dispute of office bearers of the Society, therefore, Deputy Registrar has no jurisdiction to pass the impugned order and he should refer the matter to the Prescribed Authority to the decide the dispute. 4. Learned counsel for the respondents does not dispute the aforesaid proposition of law raised by the learned counsel for the petitioner. However, he submits that the order impugned has been passed in accordance with law, but despite his best effort, he could not demonstrate from the impugned order that any notice or opportunity of hearing was given to the petitioner. 5. The order impugned has been passed without any notice and opportunity of hearing to the petitioner which fact is evident from paragraph no.21 of the writ petition. Even perusal of the order impugned reveals that no notice or opportunity of hearing was afforded to the petitioner before passing the same. 6. Learned counsel for the respondents also could not demonstrate from the impugned order that any notice or opportunity of hearing was afforded to the petitioner before passing the same, therefore, impugned order has been passed in violation of principles of natural justice and it cannot be sustained in law. 7. Since, the aforesaid proposition of law as raised by the learned counsel for the petitioner has not been disputed by the learned counsel for the respondents, therefore, the impugned order dated 24.02.2025 passed by the respondent no.2 is set aside. The respondent no.2-Deputy Registrar, Chits, Societies and Funds, Ghaziabad, District Ghaziabad is directed to return the record of the case to the respondent no.6-Prescribed Authority under Section 25(1) of the Societies Registration Act/Sub-Divisional Magistrate, Sadar, Ghaziabad within a period of two weeks from the date of production of certified copy of this order, who shall decide the dispute within a period of one month thereafter, strictly in accordance with law after giving due notice and opportunity of hearing to all the concerned parties. 8. Thus, for the reasons given above, the writ petition is allowed with no order as to costs. Order Date :- 21.3.2025 Sattyarth Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad