Sri.G.Surya Narayan, learned counsel for J.Aravind Babu leaned counsel for the petitioners. Sri.Y.D.Harsha, learned counsel for the respondent. Nos. 1 to 3.
2. The writ petitions are admitted for hearing. With consent of the parties, the same are heard finally.
3. In these petitions, the petitioners inter alia have sought for a writ of certiorari for quashment of the registration granted by respondent No.3 i.e., the Registrar of Societies, respondent No.4 i.e., VDB CELADON, Apartment Owners Association.
4. Facts giving rise to filing of the petitions briefly stated are that the petitioners are the owners of Apartment in VDB CELADON, Residential Complex situate in Yelahanka Hobli , Bangalore which have been developed by M/s Value Designbuild Private Limited, a Company incorporated under the Companies Act,1956. The petitioners have filed a suit viz., O.S.No.7911/2015 before the Trial Court against the builder cum developer praying for temporary and permanent injunction. In the aforesaid civil suit, respondent No.4 as impleaded as a necessary party by order dated 16.02.2017. It appears, during the pendency of the suit, the VDB Celadon, Apartment Owners Association submitted the documents with the Registrar of Societies or registration under the Karnataka Societies Registration Act, 1960 (hereinafter referred to as Societies Act for short). On the basis of the aforesaid application by the impugned order the aforesaid association has been registered under the provisions of the said Act. In the aforesaid factual background the petitioners has approached this Court.
5. Learned counsel for the petitioners submitted that the impugned order is perceived without jurisdiction as the Association ought to have registered under the Provisions of Karnataka Apartment Ownership Act, 1972 (herein after referred to as the Act for short) and respondent No.3 has no authority to register the respondent No.4 under the provision of the Societies Act. Learned Additional Government Advocate was unable to point out any provisions under which the aforesaid association can be registered under the Societies Act.
6. I have considered the submissions made by learned counsel for the parties. Since, respondent No.4 is a Association of the owners of flat situate in a apartment for which a specific enactment viz., Karnataka Apartment Ownership Act, 1972 Has been enacted. Therefore, the Registration of the Association if any has to be made under Section 3 of the Karnataka Societies Act. It is well settled in law that a specific provision of law will always override the general provisions of law. Since the specific provisions as made by the registrar. Therefore, respondent No.4 assertion ought to have registered under Karnataka Apartment Ownership Act,1972.
7. In the result, the impugned order dated 17.12.2016 is hereby quashed and set aside with a liberty to respondent No.4 to take action under Section
3 of the Karnataka Societies Registration Act,1960. Accordingly, these writ petitions are disposed of. Sd/- JUDGE W.P.No.34660/2017 (GM-KSR) And W.P.Nos.35719-35724/2017 AAJ: 27.02.2019 ORDER ON FOR BEING SPOKEN TO Heard learned counsel for the parties. After hearing the learned counsel for the parties, it is directed that in line 7 of paragraph No.6 of the order dated 15.2.2019, the words Section 3 may be deleted, and instead of words Karnataka Societies Act, the words Karnataka Apartment Ownership Act, 1972 shall be read. Similarly in paragraph No.7, the date of the order shall be read as 17.12.2015 instead of 17.12.2016 and in the last line of same paragraph, the words Karnataka Societies Registration Act, 1960 shall be read as Karnataka Apartment Ownership Act, 1972. This order shall be read in conjunction with the order dated 15.2.2019 passed in the aforesaid writ petitions. Sd/- JUDGE