EDANA APARTMENT OWNERS ASSOCIATION v. DEPUTY REGISTRAR FIRM SOCIETY AND CHITS GHAZIABAD AND ANOTHER
WRIC/15433/2025 · 2025-05-15
Saral Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 58445 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 58445 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:81277 Court No. - 32 Case :- WRIT - C No. - 15433 of 2025 Petitioner :- Edana Apartment Owners Association Respondent :- Deputy Registrar Firm Society And Chits Ghaziabad And Another Counsel for Petitioner :- Amit Kumar,Neetu Singh Counsel for Respondent :- Anjali Upadhya,C.S.C. Hon'ble Saral Srivastava,J.
1. Heard Ms. Pooja Chand Dwivedi, Advocate, bearing Advocate Roll No.A/P 1197/2024 holding brief of Ms. Neetu Singh, learned counsel for the petitioner and Ms. Ishita Sand, Advocate, holding brief of Ms. Anjali Upadhyaya, learned counsel for the respondents
2. The petitioner by means of the present writ petition has prayed for the following relief:-
"i. issue a writ, order or direction in the nature of mandamus directing the respondent no.1 to conduct the election of the said society after declaration of DOD in terms of section 12 of the Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act. ii. issue a writ, order or direction in the nature of mandamus directing the respondent no.1 to conduct the election of the said society after giving proper opportunity to file objection before publication of final voter list. iii. issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to declare of DOD in terms of Section 12 of the Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act. iv. issue any other suitable writ, order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. v. Award the costs of the writ petition in favour of the petitioner."
3. Earlier, the petitioner has approached this Court by filing Writ- C No.16166 of 2024, in which the petitioner has prayed for identical relief. 4. The relief prayed for in Writ-C 16166 of 2024, is reproduced herein-below:-
"i. Issue a writ, order or direction in the nature of certiorari, quashing the undated notice (Annexure 8) issued by the respondent no. 4 for conduct of the elections, without existence of the voter list as per the provisions of bye laws 8 of the bye laws of the petitioner society ii. Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 4 to proceed in accordance with the law laid down by this Hon'ble Court in the case of Manish Kumar Kansal and Anr.
Vs State of U.P. and Others 2015 AHC 78007 for conducting the elections of the petitioner association in accordance with the statutory scheme of the Act of 2010 and the Bye Laws of the petitioner association after obtaining the deed of declaration and voting share of the of the residents of the petitioner association from the respondent no.5. iii. issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. iv. Allow the cost of this Petition in favour of the petitioner."
5. It is informed that Writ-C No.16166 of 2024 has been dismissed in default by this Court on 07.03.2025, and further the petitioner has concealed this fact in the writ petition, therefore, this Court is not inclined to entertain the writ petition. 6. Consequently, the writ petition lacks merit, and is dismissed. Order Date :- 16.5.2025 NS Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad