Ats Advantage Apartment Owners ... vs State Of U.P. And 7 Others
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Allahabad High Court

Ats Advantage Apartment Owners ... vs State Of U.P. And 7 Others on 3 January, 2024

Author: Salil Kumar Rai

Bench: Salil Kumar Rai

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:683
 
Court No. - 2
 
Case :- WRIT - C No. - 42670 of 2023
 
Petitioner :- Ats Advantage Apartment Owners Association
 
Respondent :- State Of U.P. And 7 Others
 
Counsel for Petitioner :- Vijay Shankar Yadav,Ajay Sharma
 
Counsel for Respondent :- C.S.C.,Ravindra Singh
 

 
Hon'ble Salil Kumar Rai,J.
 

Heard the counsel for the petitioner and Sri A.K. Srivastava, Advocated holding brief of Sri Ravindra Singh, the counsel for the respondents.

The present petition has been filed challenging the order dated 26.9.2023 passed by the Prescribed Authority on a reference made to it under Section 25(1) of the Societies Registration Act, 1860 (hereinafter referred to as, 'Act, 1860').

Through the aforesaid order, the Prescribed Authority has set-aside the election of the petitioner's society. Subsequently, by order dated 26.9.2023, the Assistant Registrar has initiated steps for holding elections of the Society under Section 25(2) of the Act, 1860.

The validity of the notice dated 21.10.2023 of the Deputy Registrar under Section 25(2) of the Act, 1860 is dependent on the validity of the judgment and order dated 26.9.2023 passed by the Prescribed Authority under Section 25(1) of the Act, 1860.

Against the order dated 26.9.2023 passed by the Prescribed Authority, the petitioner has the remedy to file an appeal before the Commissioner.

In view of the aforesaid, I do not find it a case for consideration under Article 226 of the Constitution of India, at this stage.

In case, the petitioner files an appeal within 30 days from today against the order dated 26.9.2023 passed by the Prescribed Authority, i.e., Sub-Divisional Magistrate / Deputy District Magistrate, Ghaziabad, Uttar Pradesh before the Commissioner, Ghaziabad, the same shall be decided on merits, expeditiously.

With the aforesaid direction, the petition is disposed of.

Order Date :- 3.1.2024

Satyam