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2025 DAILYLAW 63120 (ALL)

APARTMENT OWNERS ASSOCIATION ANGEL JUPITER AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

WRIC/17048/2025 · 2025-05-25

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:89212-DB Court No. - 21 Case :- WRIT - C No. - 17048 of 2025 Petitioner :- Apartment Owners Association Angel Jupiter And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prashant Shukla Counsel for Respondent :- C.S.C.,Tejasvi Misra Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Heard Shri H.N. Singh, learned Senior Counsel assisted by Shri Prashant Shukla, Advocate appearing for the petitioners, Shri Rajiv Gupta, learned Addl. Chief Standing Counsel for the State- respondents and Shri Tejasvi Misra, learned counsel for respondent No. 2. 2. The petitioners are Association of apartment owners of Angel Jupiter constructed by respondent No. 3. 3. The grievance of the petitioners are regarding in complete works in the building and non return of IFMS and sinking fund to the Association. The petitioners have also prayed for direction to respondent No. 3 to obtain necessary occupancy certificate and completion certificate and hand over common areas as per the terms of memorandum of transfer dated 27.05.2023 and other ancillary reliefs. 4. Shri H.N. Singh, learned Senior Counsel appearing for the petitioners submits that the respondent, Development Authority, which is also Competent Authority under Uttar Pradesh Apartment (Promotion of Construction, Ownership, and Maintenance) Act, 2010, be directed to examine the grievance of the petitioners. 5. Shri Tejasvi Misra, learned counsel for the respondent, Development Authority, states that the Vice Chairman, Ghaziabad Development Authority, Ghaziabad, which is Competent Authority, would examine the grievance of the petitioners. 6. Accordingly, without expressing any opinion on merits, the writ petition is disposed of with direction to respondent No. 2 to examine the grievance of the petitioners after due notice and opportunity of hearing to the petitioners and respondent No. 3. The decision would be taken within twelve weeks from the date of communication of the instant order along with an exhaustive representation. Order Date :- 26.5.2025 Mukesh Kr. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad