CITIZEN COOPERATIVE HOUSING SOCIETY LIMITED v. UNION OF INDIA AND 3 OTHERS
WRIC/17431/2025 · 2025-05-27
Arun Kumar Singh Deshwal, Salil Kumar Rai
body2025
DailyLaw.ai
[ 2025 DAILYLAW 63585 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 63585 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:91232-DB Court No. - 3 Case :- WRIT - C No. - 17431 of 2025 Petitioner :- Citizen Cooperative Housing Society Limited Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Dharam Raj,Sr. Advocate,Vineet Kumar Singh Counsel for Respondent :- A.S.G.I.,C.S.C.,Ravi Anand Agarwal Hon'ble Salil Kumar Rai,J. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri H.N. Singh, learned Senior Advocate assisted by Sri Vineet Kumar Singh, learned counsel for the petitioner, Sri O.P. Mishra, learned counsel for respondent no.1-Union of India, Ms. Shreya Gupta, Advocate holding brief of Sri Ravi Anand Agarwal, learned counsel for respondent no.4 and learned Standing Counsel for the State-respondent.
2. Present petition has been filed, praying for the following relief:
"(a) Issue a writ, order or direction in the nature of mandamus commanding the Central Advisory Council (Respondent No.2) to take appropriate decision and make necessary recommendations on the representations of the petitioner dated 31.01.2025 and 07.04.2025. (b) Issue a writ, order or direction in the nature of mandamus commanding the respondents to redress the grievances of the petitioner so that the petitioner may be permitted to make necessary advertisement inviting persons to join as members of the petitioner's Cooperative Housing Society for the purpose of acquiring land, getting the plan sanctioned and to get prepared the houses for themselves."
3. The Central Advisory Council has been constituted under Section 41 of the Real Estate (Regulation And Development) Act, 2016 and its function has been defined in Section 42 of the aforesaid Act. The role of Council is only advisory in nature, therefore, no mandamus can be issued to it to entertain the representation of the petitioner.
4. The writ petition is not maintainable, therefore, the petition is dismissed. Order Date :- 28.5.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad