Court No. - 21
Case :- WRIT - C No. - 2316 of 2019 Petitioner :- Pushpendra Elgin Heights Welfare Society And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- V.R. Tiwari Counsel for Respondent :- C.S.C.,Devi Prasad Mishra
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Pankaj Bhatia,J.
Heard Sri V.R. Tiwari, learned counsel for the petitioners, Sri Devi Prasad Mishra, learned counsel for the respondents, Sri Arun Kumar, Advocate has filed his Vakalatnama today itself on behalf of respondent no.3, learned standing counsel for the State and perused the record.
The present petition has been filed by the petitioners alleging that the owners of the petitioners' society had purchased flats from the respondent no.4 (private respondent). However, in the registered sale deed, respondent no.4 has added certain terms and conditions which are contrary to the provisions of the U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010 (hereinafter referred to as the Act, 2010). It is further submitted that in terms of the Act of 2010, the respondent no.3 is the officer empowered to take cognizance of any violations and in this regard the petitioners have filed a representation which is lying pending with respondent no.3 and has not been decided as yet.
In view of the avements made in the writ petition, this Court is of the view that the petitioners may file a comprehensive representation before the respondent no.3 within two weeks from today and in the event the said representation is filed, the respondent no.3 shall pass a reasoned order in accordance with law, preferably within a period of three months of the date of production of a certified copy of this order.
It is clarified that this Court has not gone into the merits of the allegations made in the writ petition and the respondent no.3 is free to take a decision independently and in accordance with law.
Accordingly, the writ petition is disposed off.
Order Date :- 24.1.2019 Hasnain