Neutral Citation No. - 2025:AHC:123182-DB Court No. - 40 Case :- WRIT - C No. - 16199 of 2025 Petitioner :- Gaur Gracious Flat Residents Welfare Association Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajendra Singh Chauhan Counsel for Respondent :- C.S.C.,Krishna Mohan Asthana Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard learned counsel for the petitioner, Sri Tejasvi Mishra, learned counsel for the respondent no. 2 and learned Standing Counsel for the State-respondent. 2. Present petition has been filed for the following relief: "(1) Issue a writ order or direction in the nature of mandamus commanding the respondent no.2 to decide representation dated 21.1.2025 (Ax.5) and further direct the respondents to restore facilities of Club-Community Hall to its members i.e. Residents Welfare Society as per Memorandum of Transfer." 3. Petitioner is a registered society of flat owners namely Gaur Gracious Flat Residents Welfare Association. The grievance of the petitioner is that the Community Hall existing in the society is to be used for club/party as per the conditions given in the memorandum of transfer. It is submitted that the builder who has constructed the building is attempting to transfer the Community Hall to some third party which he cannot do. It is submitted that the petitioner's society has submitted a representation to the respondent no.2 in respect of aforesaid grievance of the petitioner but respondent no.2 is not paying any heed to the grievance of the petitioner. Accordingly, it is submitted that a direction be issued to the respondent no.2 to consider and decide the grievance of the petitioner. 4. Prima facie, it is evident from the transfer of memorandum that the RWA has also right over the Community Hall existing in the society. Therefore, in such view of the fact, this court permits the petitioner to file a detailed representation before respondent no.2 raising its grievance, within a period of three weeks from today. 5. In case any such representation is filed, the respondent no.2- Moradabad Development Authority, shall consider and decide the same, strictly in accordance with law, after giving due notice and opportunity of hearing to all the concerned parties, within a period of two months from the date the respondent no.2 receives the application/representation of the petitioner. 6. Till the disposal of representation of the petitioner, no third party right shall be created in respect of the Community Hall existing in the society. 7. With the aforesaid observation, present petition is disposed of. Order Date :- 25.7.2025 S.Chaurasia (Arun Kumar Singh Deshwal, J.) (Saral Srivastava,J.) Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad