Disposed

Ashish Kumar v. State of U.P. Thru. Addl. Chief/Prin. Secy. Housing and Urban Planning, Lko. and 2 Others

Allahabad HC30 May 2024/3369/2024

Case brief

AI extract

What is this about?

The Allahabad High Court, at the admission stage, directed the respondent to decide the petitioner's pending representation regarding the election of the Residents Welfare Association within six weeks, without delving into the merits.

What did the court decide?

Directed respondent to consider and decide the petitioner's representation dated 03.04.2024 regarding the election of the Association within six weeks from the date of this order.

Ashish Kumar Vs State of U.P. Thru. Addl. Chief/Prin… — Property and Title | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:40968

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Court No. - 20

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Case :- WRIT - C No. - 3369 of 2024

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Petitioner :- Ashish Kumar Respondent :- State Of U.P. Thru. Addl. Chief/Prin. Secy. Housing And Urban Planning, Lko. And 2 Others Counsel for Petitioner :- Piyush Mishra Counsel for Respondent :- C.S.C.

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Hon'ble Shree Prakash Singh,J.

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Since, the matter is being decided at the admission stage with the consent of learned counsels for the parties, notice to the opposite party no. 3 is hereby dispensed with.

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Heard learned counsel for the petitioner and Sri Vivek Shukla, learned Additional Chief Standing Counsel for the State.

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Instant writ petition has been filed seeking the following reliefs :-

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(i) issue, a writ order or direction in the nature of Mandamus commanding the respondent No.2, to ensure election of the Board of Management of the Alaknanda Enclave Residents Welfare Association, GH-2, GH-3, Sector3, Awadh Vihar, Lucknow, strictly in accordance with the provisions of the Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010, The U.P. Apartment (Promotion of Construction Ownership and Maintenance) Rule, 2011 and Model Bye-laws framed by the State Government under Section 14(6) of the Apartment Act, 2010 and The Societies Registration Act, 1860, with fair and transparent manner.

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(ii)issue, a writ order or direction in the nature of Mandamus commanding the respondent No.2 to take decision on the application of petitioner dated 3.4.2024 which is pending before him regarding ensuring fair and transparent election of Association.

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(ii) issue any other writ, order or direction which this Hon'ble Court may deem just and proper in the circumstances of the case.

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(iii) allow the writ petition with cost in favour of petitioner."

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After arguing at some length, learned counsel appearing for the petitioner submits that the interest of justice would be sub-served, if this

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Hon'ble Court may be pleased to direct the opposite party no. 2 to decide the representation of the petitioner dated 03-04-2024 within stipulated period of time as may be fixed by this court.

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Learned counsel appearing for the opposite parties has no objection to the contention aforesaid.

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In view of the above and without entering into the merits of the case, the opposite party no. 2 is hereby directed to consider and decide the representation of the petitioner dated 03-04-2024, within a period of six weeks from the date a certified copy of this order is produced before him.

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With the aforesaid observations, the writ petition is disposed of.

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Order Date :- 30.5.2024 AKS

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Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Ashish Kumar v. State of U.P. Thru. Addl. Chief/Prin. Secy. Housing and Urban Planning, Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Ashish Kumar v. State of U.P. Thru. Addl. Chief/Prin. Secy. Housing and Urban Planning, Lko. and 2 Others

Case brief

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What did the court decide?

What the court decided

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