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2019 Supreme(All) 2482

IRSHAD ALI
Omaxe Residency-I Resident Welfare Association – Appellant
Versus
V. C. Lucknow Development Authority U. P. Arartment Act, Lko. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Prafulla Kumar Yadav, Diwakar Singh Kaushik and Sandeep Dixit
For the Respondent: C.S.C., Anoop Kumar, Gaurav Mehrotra, Mukund Tewari, Puneet Chandra, Ratnesh Chandra and Tushar Mittal

ORDER :

Irshad Ali, J.

1. Heard Sri Sandeep Dixit and Sri Diwakar Singh Kaushik, learned Advocates for the petitioner, Sri Mukund Tewari, learned Advocate on behalf of the respondent No. 1, Sri Pankaj Patel, learned Standing counsel on behalf of the respondent No. 2 and to Sri Gaurav Mehrotra, learned Advocate on behalf of the respondent No. 5.

2. Factual matrix of the case is that there is a society registered under Societies Registration Act, 1860 under the name of Omaxe Residency-I Resident Welfare Association, Arjunganj, Gomtinagar Extension, Sector-7, Lucknow.

3. Initially the society was registered on 30.3.2017 and is valid till 29.3.2022. There is a registered bye-law prescribing to manage the affairs of the society inasmuch as holding of election of the Committee of Management managing the affairs. In the Memorandum of Association, at the time of registration of the society, a list of office-bearers of the Committee of Management of the society was filed before the Deputy Registrar for its registration, wherein petitioner was shown to be elected Secretary of the Committee of Management of the society.

4. In the writ petition, it has been stated that after registration of the soc

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