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Allahabad High Court

AJAY KUMAR KASHYAPversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The Court held that the Deputy Registrar must ensure compliance with the order within two weeks and report to the Chief Judicial Magistrate.

Summary

The petitioner, Ajay Kumar Kashyap, filed a writ petition seeking a direction for respondent No.3 to hand over the charge of the President's office of the Dinesh Nagar Apartment Owners Association to him, based on an order dated 30.05.2026 of the Deputy Registrar, Firms, Societies and Chits, Meerut approving the petitioner's committee of management for 2026-27. The petitioner alleged that despite the order, respondent No.4 had not transferred the charge, prompting the petition. The Court examined the order and, finding no impediment, directed the Deputy Registrar to ensure compliance of the order within two weeks and to submit a compliance report to the Chief Judicial Magistrate. Consequently, the writ petition was disposed of. The decision underscores the enforceability of orders issued by the Deputy Registrar under the applicable societies law.

Issues considered

  • Whether the respondent is obligated to hand over the charge of the President's office of the Apartment Owners Association as per the Deputy Registrar's order

Subjects

  • Writ Petition
  • Apartment Owners Association
  • Deputy Registrar
  • Committee of Management
  • Compliance Order
  • Societies Law

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - C No. - 37492 of 2026

                                    Ajay Kumar Kashyap
                                                                                                    .....Petitioner(s)
                                                                        Versus
                                    State Of U.P. And 3 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                 :   Mohd. Ishraque Farooqui
                                    Counsel for Respondent(s)                 :   C.S.C.

                                    Court No. - 38
                                                         HON'BLE VINOD DIWAKAR, J.

                                    1. Heard learned counsel for the petitioner and Shri R.P. Tiwary, learned
                                    Standing Counsel for the State-respondents.

                                    2. The present writ petition has been filed seeking a direction to respondent
                                    no. 3 to hand over charge of the office of President, "Dinesh Nagar
                                    Apartment Owners Association", to the petitioner, in pursuance of the order
                                    dated 30.05.2026 passed by the Deputy Registrar, Firms, Societies and
                                    Chits, Meerut, whereby the Committee of Management of the petitioner has
                                    been approved and registered for the year 2026-27.

                                    3. Learned counsel for the petitioner submits that, despite the aforesaid
                                    order, charge has not been handed over to the petitioner by respondent no. 4,
                                    compelling the petitioner to approach this Court.

                                    4. Having heard learned counsel for the parties and upon perusal of the order
                                    dated 30.05.2026, the Deputy Registrar, Firms, Societies and Chits, Meerut,
                                    is directed to ensure compliance of the order dated 30.05.2026 within a
                                    period of two weeks from today and to place a compliance report before the
                                    learned Chief Judicial Magistrate concerned.

                                    5. With the aforesaid direction, the writ petition stands disposed of.

                                    September 18, 2026
                                    Shafique
                                                                                              (Vinod Diwakar,J.)




Digitally signed by :-
SAFIKUR RAHAMAN
High Court of Judicature at Allahabad


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