Court No. - 29
Case :- WRIT - C No. - 14776 of 2018 Petitioner :- Mohit Kumar Saxena Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Surangama Sharma,Pragya Pandey Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,J. Hon'ble Jayant Banerji,J.
Heard Ms. Pragya Pandey, learned counsel for the petitioner, Sri Abhishek Tiwari, Advocate holding brief of Sri Vrindavan Mishra, learned counsel for the respondent no. 2, learned Standing Counsel for the State- respondents and perused the record.
This petition for writ is preferred to challenge the order dated 13.04.2018 passed by the Secretary, Ghaziabad Development Authority appointing M/s. A.R. Garg and Company as Auditor to audit the accounts for the Financial Year 2012-2013 to 2015-2016.
Suffice to mention that the present petitioner preferred a petition for writ before this Court that came to be decided on 02.02.2018. In the petition aforesaid, a direction was sought for Deputy Registrar, Firms Societies and Chits to take necessary steps in respect of financial audit of Eden Park Flat Owners and Resident Welfare Association in light of the orders dated 22.06.2012, 06.02.2015 and 26.02.2016. The writ petition aforesaid came to be disposed of by keeping the petitioner at liberty to file an application before the Secretary Ghaziabad Development Authority in respect of audit of Eden Park Flat Owners and Resident Welfare Association. After disposal of the writ petition aforesaid, the petitioner and one Monalisa Singh submitted an application for having audit as referred above. Acting upon the request made by the petitioner and Monalisa Singh, the Secretary Ghaziabad Development Authority appointed M/s. A.R. Garg and Company as Chartered Accountant to make necessary audit.
The grievance of the petitioner is that earlier Sri Nikhil Goel, Chartered Accountant was already auditing the accounts and, as such, there was no need to have audit by M/s. A.R. Garg and Company.
According to learned counsel for the petitioner, the change of Auditor shall be nothing to an effort to cause delay for having audit.
We do not find any force in the argument advanced. The Secretary Ghaziabad Development Authority, Ghaziabad has changed the Auditor, for the reasons mentioned in the order itself. Besides that it is for the Ghaziabad Development Authority to choose the Chartered Accountant for necessary audit and the petitioner is having no say in that regard.
In view of it, the writ petition is bereft of merit, hence, is dismissed.
Order Date :- 24.4.2018 Rameez .
(Jayant Banerji,J.) (Govind Mathur,J.)