Neutral Citation No. - 2025:AHC:51690 Court No. - 32 Case :- WRIT - C No. - 10484 of 2025 Petitioner :- Sunworld Vanalika Apartment Owners Asociation And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gauri Shankar Tripathi,Rahul Mishra Counsel for Respondent :- C.S.C.,Suneel Kumar Hon'ble Saral Srivastava,J. 1. Heard learned counsel for the petitioner and Sri Sudhanshu Pandey, learned counsel for the respondent no.4. 2. The petitioner by means of the present writ petition has assailed the order dated 01.03.2025 passed by the respondent no.2-Deputy Registrar (Firms, Societies and Chits), Guldhar, Rajnagar Extension, Ghaziabad. 3. Sri Sudhanshu Pandey, learned counsel for respondent no.4 states that respondent no.4 does not propose to file counter affidavit and states that writ petition may be decided at this stage. 4. The sole contention advanced by the learned counsel for the petitioner is that impugned order has been passed without giving any proper opportunity of hearing to the petitioner inasmuch as the Deputy Registrar had fixed 07.02.2025 for hearing. However, the petitioner could not appear on 07.02.2025, and the Deputy Registrar passed the order setting aside the list registered by him. It is contended that had the petitioner been given proper opportunity of hearing, the petitioner would have demonstrated that the defect in filing the affidavit is curable. In this respect, necessary averment has been made in paragraph no.21 of the writ petition. 5. It is further contended that the election has not been annulled on the ground that there was any procedural irregularity or malfeasance committed in holding the election. In such view of the fact, it is contended that impugned order cannot be sustained in law being in violation of principles of natural justice. 6. Per contra, learned counsel for the respondents though contends that there is no illegality in the impugned order, but he does not dispute the fact that proper opportunity of hearing was not afforded to the petitioner before passing the impugned order. 7. Be that as it may, the averments made in paragraph no.21 of the writ petition have not been denied by the respondents inasmuch as no counter affidavit has been filed by the respondents. 8. Since the impugned order has been passed in violation of principles of natural justice, therefore, impugned order cannot be sustained in law and is hereby set aside. 9. The matter is remitted to the respondent no.2-Deputy Registrar (Firms, Societies and Chits), Guldhar, Rajnagar Extension, Ghaziabad to decide the dispute afresh expeditiously, preferably within a period of one month from the date of production of certified copy of this order after giving due notice and opportunity of hearing to all the concerned parties. 10. Thus, for the reasons given above, the writ petition is allowed with no order as to costs. Order Date :- 9.4.2025 Sattyarth Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad