Allowed

White Orchid Apartment Owners Association v. State of U.P. and 3 Others

Allahabad HC6 Dec 2024WRIC/40605/2024

Case brief

AI extract

What is this about?

Petitioner challenged the cancellation of its society registration order. The Single Judge held the Registrar failed to apply Section 12D conditions. Order set aside and remanded for fresh decision.

What did the court decide?

Impugned order cancelled. Matter remanded to Deputy Registrar for fresh decision in accordance with Section 12D of the Societies Registration Act, 1860.

White Orchid Apartment Owners Association vs State… — Cooperative Societies | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:193773

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Court No. - 32

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Case :- WRIT - C No. - 40605 of 2024

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Petitioner :- White Orchid Apartment Owners Association Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rishi Kant Rai Counsel for Respondent :- Shiv Sagar Singh,Anjali Upadhya,C.S.C.

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Hon'ble Saral Srivastava,J.

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Heard Sri V.K. Singh, learned Senior Counsel assisted by Sri Rishi Kant Rai, learned counsel for the petitioner, learned Standing Counsel for respondent nos.1 & 3, Sri Shashi Nandan, learned Senior Counsel assisted by Sri Shiv Sagar Singh, learned counsel for respondent no.4 and Ms. Anjali Upadhya, learned counsel for respondent no.2.

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Sri Shiv Sagar Singh, Advocate, who is assisting to Sri Shashi Nandan, learned Senior Counsel for the respondent no.4, states that respondent no.4 does not propose to file counter affidavit and states that writ petition may be decided at this stage.

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The petitioner by means of the present writ petition has assailed the order dated 26.11.2024 passed by the respondent no.3-Deputy Registrar, Firms, Societies and Chits, Greater Noida, District Gautambudh Nagar whereby he has cancelled the registration of the Society namely, White Orchid Apartment Owners Association White Orchid, Plot No.GC-03C/GH-03, Gaur City-2, Sector-16C, Greater Noida West, District Gautambudh Nagar.

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Challenging the aforesaid order, learned Senior Counsel for the petitioner has contended that impugned order is illegal and in contravention to the provisions of Section 12D of Societies Registration Act, 1860 (hereinafter referred to as 'Act, 1860') inasmuch as none of the conditions enumerated in Section 12D of the Act, 1860 for cancelling the registration of the Society are present in the present case, therefore, impugned order is not sustainable in law. It is further contended that the ground that Society shall conduct the election within a period of four months from the date of registration is not a ground on which the registration of the Society can be cancelled inasmuch as the said ground is not contemplated under Section 12D of the Act, 1860 for

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cancelling the registration of the Society.

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Per contra, learned Senior Counsel for the respondents would contend that registration was granted on a condition that Society shall conduct the election within a period of four months, and since in the present case, the election did not take place within a period of four months from the date of registration, therefore, petitioner has violated the conditions of grant of registration, and thus, impugned order is based upon correct facts on record.

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Be that as it may, the impugned order reveals that respondent no.3 while passing the impugned order has failed to consider Section 12D of the Act, 1860 inasmuch as he has failed to advert in the impugned order that any of the conditions which are contemplated under Section 12D of the Act, 1860 are present in the instant case warranting cancellation of registration of the Society.

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Accordingly, this Court is of the view that the ground on which the registration of the Society has been cancelled by the impugned order is not sustainable in law and is hereby set aside. The matter is remitted to the respondent no.3-Deputy Registrar, Firms, Societies and Chits, Greater Noida, District Gautambudh Nagar to decide the claim afresh in the light of Section 12D of the Act, 1860 within a period of two months from the date of production of certified copy of this order after giving due notice and opportunity of hearing to all the concerned parties.

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Thus, for the reasons given above, the writ petition is allowed with no order as to costs.

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Order Date :- 11.12.2024 Sattyarth

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Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad

White Orchid Apartment Owners Association v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

White Orchid Apartment Owners Association v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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