Disposed

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

Allahabad HC10 Apr 2024WRIC/3369/2024

Case brief

AI extract

What is this about?

In this writ petition, the Allahabad High Court directed the respondent to ensure a fair election of the Alaknanda Enclave Residents Welfare Association Board and to decide a pending application within six weeks. The court disposed of the matter at the admission stage with the consent of counsels, dispensing with notice to a third respondent.

What did the court decide?

Direction to respondent to decide petitioner's representation within six weeks and ensure transparent election of the Association Board.

Ashish Kumar vs State of U.P. Thru. Addl… — Service and Employment | 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?

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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?

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