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Neutral Citation No. - 2025:AHC:121380-DB Court No. - 29 Case :- WRIT - C No. - 23962 of 2025 Petitioner :- Gaurav Sharma Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Nikhil Kumar,Vagish Yadav Counsel for Respondent :- C.S.C.,Tejasvi Misra Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the petitioner; learned Standing Counsel for State respondents and Shri Tejasvi Misra, learned counsel for Ghaziabad Development Authority (in short "GDA").
2. The instant writ petition has been preferred for a direction to respondent no.2 to restrain respondent no.4 from realizing any amount illegally from the petitioner pursuant to General Board Resolutions dated 02.03.2025 and 18.12.2024; for a direction to respondent no.2 to initiate inquiry against respondent no.4 regarding the illegal byelaws adopted by respondent no.4 and for a further direction to respondent no.2 and 3 to decide the representation of the petitioner dated 17.03.2025 within stipulated period.
3. The record in question reflects that the petitioner is resident at I- 3008, S.P.S. Residency Apartments situated at Indirapuram, Ghaziabad. The S.P.S. Residency is administered by the S.P.S. Residency Apartment Owner Association, which is registered under Section 14 of the U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010. Regarding multiple infractions by the office bearers of the Board of Management, Apartment Owners Association (AOA) of the SPS Residency, illegal resolutions against the petitioner and incessant harassment and bullying, the petitioner had preferred detailed
representation dated 17.03.2025 before respondent no.2-the Deputy Registrar, Firms Societies and Chits, Ghaziabad but till date the same is unattended. Such situation has impelled the petitioner to invoke the writ jurisdiction. Learned counsel for the petitioner has confined his prayer for a direction to respondent no.2 to decide the said representation within stipulated period.
4. Considering the factual situation, without adverting on merits of the issue, the writ petition stands disposed of with observation that in case the said application is admissible in law, the respondent no.2 shall look into, examine and redress the grievance of the petitioner in accordance with law expeditiously but certainly after giving audience to all the stake holders in the matter specially office bearers of Apartment Owners Association in question. Order Date :- 24.7.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad