HYDE PARK APARTMENT OWNERS ASSOCIATION AND ANOTHER v. STATE OF U.P. AND 5 OTHERS
WRIC/13313/2025 · 2025-04-29
Saral Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49746 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49746 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:67492 Court No. - 32 Case :- WRIT - C No. - 13313 of 2025 Petitioner :- Hyde Park Apartment Owners Association And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Nikhil Kumar,Vagish Yadav Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh,Utkarsh Prakash Singh Hon'ble Saral Srivastava,J.
Order on order-sheet Counsel for the petitioners is permitted to implead the Prescribed Authority/Deputy Collector, Sadar, NOIDA, Gautam Buddha Nagar in the array of the parties as respondent no.7 during course of the day.
Order on petition
1. Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Nikhil Kumar, learned counsel for the petitioner, Sri Utkarsh Prakash Singh, learned counsel for the respondents, learned Standing Counsel for the State-respondents and perused the records.
2. A short submission has been raised by learned counsel for the petitioners that since there is a dispute of office bearers of the Society namely Hyde Park Apartment Owners Association, therefore, the Deputy Registrar has no jurisdiction to enter into the validity of the election of the Society and should have referred the matter to the Prescribed Authority in terms of Section 25(1) of the Societies Registration Act, 1860.
3. Sri Utkarsh Prakash Singh, who has filed the caveat application, does not dispute the aforesaid legal propositions of law and
submits that the matter may be referred to the Prescribed Authority/Deputy Registrar, Sadar, NOIDA, Gautam Buddha Nagar for disposal.
4. In view of the submissions advanced by Sri Utkarsh Prakash Singh, the impugned order 19.04.2025 passed by respondent no.2 is hereby set aside.
5. The matter is remitted to the Prescribed Authority (respondent no.7) to decide the dispute of the parties as expeditiously as possible, preferably within a period of two months from the date of production of a certified copy of this order, after hearing all the concerned parties.
6. The Deputy Registrar (respondent no.2) is directed to send the record of the case to the Prescribed Authority (respondent no.7) within a period of two weeks from today.
7. The writ petition is allowed subject to the observations made above.
Order Date :- 30.4.2025 CS/- Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad