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2025 DAILYLAW 59703 (ALL)

RANJAN PANDEY AND ANOTHER v. COMPETENT AUTHORITY VICE CHAIRMAN GHAZIABAD DEVELOPMENT AUTHORITY AT GHAZIABAD AND 3 OTHERS

WRIC/15709/2025 · 2025-07-07

Mahesh Chandra Tripathi, Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107168-DB Court No. - 29 Case :- WRIT - C No. - 15709 of 2025 Petitioner :- Ranjan Pandey and another Respondent :- Competent Authority Vice Chairman Ghaziabad Development Authority at Ghaziabad and 3 Others Counsel for Petitioner :- Raj Kumar Singh,Rajat Aren Counsel for Respondent :- C.S.C.,Manu Ghildyal,Tejasvi Misra Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J. 1. Learned counsel for the petitioners is permitted to correct the description of respondent no.4 in the array of parties, forthwith. 2. Heard Shri Rajat Aren, learned counsel for the petitioners, Shri Ishan Mishra, Advocate holding brief of Shri Manu Ghildyal, learned counsel for Ghaziabad Development Authority (respondent no.1) and Shri Devesh Vikram, learned Additional Chief Standing Counsel for the State-respondent nos.2 and 3. 3. The instant writ petition under Article 226 of Constitution of India has been preferred for a direction to the State respondents to remove illegal constructions in the building and ensure open parking space to the petitioners. Further prayer has been made to issue direction to the State respondents to examine the validity of the elections 2025-26 of Ajnara Landmark Residents Welfare Association Ghaziabad, which was held in violation of the model bye-laws and U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010 as well as the provisions of Societies Registration Act, 1860. 4. Learned counsel for the petitioners submits that the petitioners had jointly purchased a residential Flat No.H-201, 2nd Floor in Ajnara Landmark Society situated at Plot No.18, Sector-4, Vaishali, Ghaziabad for a total sale consideration of Rs.90,00,000/- through registered sale deed dated 24.05.2023, which clearly mentions that the petitioners shall also be entitled to one open car parking. Despite having submitted representations dated 09.10.2024, 28.12.2024, 01.03.2025 and 10.03.2025 seeking parking space and made complaints against respondent no.4, no action has been taken till date. He has confined the relief to a direction that the competent authority be directed to consider and decide their grievance. 5. Considering the facts and circumstances of the case, this Court is of the view that no useful purpose would be served in keeping the writ petition pending. Accordingly, with the consent of the parties, the writ petition is disposed of with liberty to the petitioners to submit a fresh representation before the competent authority, detailing all their grievances. In the event such a representation is submitted within two weeks from today, the competent authority shall consider and decide the same on its own merits and in accordance with law, after affording an opportunity of hearing to all stakeholders. The decision shall be taken expeditiously, preferably within a period of two months from the date of submission of the representation. Order Date :- 8.7.2025 RKP Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad