Court No. - 33
Case :- WRIT - C No. - 15100 of 2018 Petitioner :- M/S Grihapravesh Condominium Association And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Alok Rai,Sri H.N. Singh Sr. Advocate Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J.
Heard Sri H.N. Singh, learned senior counsel assisted by Sri Alok Rai for the petitioners and learned Standing Counsel for respondents 1 and 2.
The present petition has been filed seeking quashing of a show cause notice dated 13th April, 2018, issued by the Regional Deputy Registrar, Firms Societies and Chits, Regional Office, Lucknow thereby calling upon response as to why registration of Grihaprawesh Condominium Association, Gautam Buddh Nagar, which is Residents' Welfare Society constituted for complying with the requirement of Section 14 of the U.P. Apartments Act, 2010, be not cancelled.
It appears that earlier also a notice in respect of cancellation of registration was issued to the petitioner's association against which Writ C No.35515 of 2017 was filed before this Court, which was disposed of by order dated 10th August, 2017 thereby quashing the show cause notice on the ground that it failed to disclose material particulars necessary for initiating proceeding in respect of the action proposed.
Pursuant thereto, the impugned notice dated 13th April, 2018 has been issued to the petitioners soliciting reply by 30th April, 2018.
Learned counsel for the petitioners submitted that the grounds on which cancellation of registration of the society, under Section 12-D of the Societies Registration Act 1860, is sought are not in consonance with the provisions of Section 12-D of the Act and therefore the notice is liable to be quashed.
I have perused the notice. Apart from various grounds mentioned in the notice, one of the grounds is that the Residents' Welfare Society is not as per provisions of Section 14(2) of the U.P. Apartments Act, 2010. It is also disclosed as to how the provisions of Section 14(2) of the said Act have not been complied with by the petitioner's association. In addition thereto, it has also been stated that there is non compliance of provisions of Section 2 of the Societies Registration Act, 1860.
Learned counsel for the petitioners has sought to urge that the opinion expressed in the notice as regards non compliance of provisions of Section 14(2) of the U.P. Apartments Act is not correct and otherwise also that cannot be made a ground for cancellation of registration of the society. He also submitted that some of the grounds taken are not within the scope of the provisions of Section 12-D of the Act though they may be ground to initiate process under Section 24 of the Societies Registration Act.
Be that as it may, the ground taken in the notice that the registration of the society is contrary to the provisions of Section 14(2) of the U.P. Apartments Act, 2010, prima facie, makes out a case for drawing proceeding under Section 12- D of the Act, keeping in mind the provisions of clause (a) of sub-section (1) of Section 12-D of the Act. Whether there had been violation of any provisions of the said Act or not as also whether there is justification to draw proceeding on that ground is a matter which can be raised before the Deputy Registrar who can address all factual as well as legal issues and take a decision thereon. However, at this stage, this Court does not find it appropriate to quash the show cause notice. It is open for the petitioners to raise all possible legal as well as factual pleas in response to the notice. It is expected that the Deputy Registrar shall address the same and take appropriate decision in accordance with law.
At this stage, learned counsel for the petitioners states that since the petitioners had spent time in preparing the petition against the show cause notice, the time to submit reply to the show cause notice, which would expire on 30th April, 2018, be extended by one week.
In the facts of the case, this Court considers it appropriate to extend time for filing reply to the show cause notice up to 10th May, 2018 provided the Deputy Registrar is informed about this order by or before 30th April, 2018.
With the aforesaid liberty, the petition is disposed off. Order Date :- 26.4.2018.
Rks.