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AMICUS AI
Citation Codes
Neutral Citations
2024 KHC 47147
Equivalent Citations
citation codes
Case Number
Disposition
Attorney(S)
Judges
Acts
  • KARNATAKA APARTMENT OWNERSHIP ACT 1972
  • Societies Act 1959,
  • Societies Registration Act and the Karnataka Cooperative Societies Act
  • provisions of the Karnataka Societies Registration Act, 1960.
  • provisions of the Karnataka Societies Act, 1960.
  • Societies Registration Act, 1960
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Cites
Cited by
Citation Codes
Neutral Citations
2024 KHC 47147
Equivalent Citations
citation codes
Case Number
Disposition
Attorney(S)
Judges
Acts
  • KARNATAKA APARTMENT OWNERSHIP ACT 1972
  • Societies Act 1959,
  • Societies Registration Act and the Karnataka Cooperative Societies Act
  • provisions of the Karnataka Societies Registration Act, 1960.
  • provisions of the Karnataka Societies Act, 1960.
  • Societies Registration Act, 1960
Smart Summary

Factual and Procedural Background

The petitioner, Ms. Sharmistha Nag, an apartment owner of the 'Jana Shubha Apartment' complex located in M. Medahalli Village, Anekal Taluk, Bangalore, challenged the registration of the Jana Shubha Apartment Owners Association (Respondent No.4) as a society under the Karnataka Societies Registration Act, 1960. The petitioner contended that the association was improperly registered as a society for the purpose of demanding maintenance charges from apartment owners. She argued that under the Karnataka Apartment Ownership Act, 1972, where no declaration is filed for registration under that Act, a cooperative society under the Karnataka Cooperative Societies Act, 1959 should be formed instead. The writ petition sought to call for records relating to the registration, quash the registration certificate issued in favor of Respondent No.4, and direct the formation of a cooperative society for maintenance operations.

Legal Issues Presented

  1. Whether a society registered under the Karnataka Societies Registration Act, 1960 can have as its objective the maintenance and administration of an apartment complex.
  2. Whether the registration certificate issued to the Jana Shubha Apartment Owners Association under the Karnataka Societies Registration Act, 1960 is liable to be quashed.
  3. Whether the apartment owners' association should be registered as a cooperative society under the Karnataka Cooperative Societies Act, 1959 for maintenance purposes instead.

Arguments of the Parties

Petitioner’s Arguments

  • The petitioner is an owner in the apartment complex where the respondents formed an association registered under the Karnataka Societies Registration Act, 1960.
  • The association is demanding maintenance charges from apartment owners.
  • Such registration and demands violate the Karnataka Apartment Ownership Act, 1972, which requires registration under that Act or formation of a cooperative society if no declaration is filed.
  • The respondent society registered under the Societies Act cannot have maintenance of an apartment complex as its objective.

The opinion does not contain a detailed account of the respondents' legal arguments.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Celadon Apartment Owners Association vs. Mr. Praveen Prakash and others (W.A.No.974/2019) Held that a society registered under the Karnataka Societies Registration Act, 1960 cannot have the objective of administering, maintaining, and running apartment buildings and common areas as these activities do not fall under any clauses of Section 3 of the Act. The Court relied on this precedent to confirm that the respondent society's registration for maintenance purposes was impermissible under the Societies Act and thus liable to be quashed.

Court's Reasoning and Analysis

The Court examined the petitioner’s grievance and the applicable statutes, particularly the Karnataka Societies Registration Act, 1960 and the Karnataka Apartment Ownership Act, 1972. It noted that the petitioner challenged the registration of the apartment owners association as a society under the Societies Act for maintenance purposes. The Court referred to its earlier rulings, including the cited Celadon Apartment Owners Association case, which held that societies registered under the Societies Act cannot have maintenance of apartment complexes as their object, since such activities are not covered by the Act’s provisions. The Court recognized that the proper legal framework for such maintenance activities is the formation of a cooperative society under the Karnataka Cooperative Societies Act, 1959, particularly where no declaration has been filed under the Apartment Ownership Act. Consequently, the Court concluded that the registration certificate issued to the respondent association was invalid and ought to be quashed. The Court also directed dissemination of this legal position to all registering authorities to prevent further improper registrations and consequent litigation.

Holding and Implications

The writ petition is allowed and the registration certificate No. JNR-GNOB/SOR07/16-17 dated 05.04.2016 issued in favor of the Jana Shubha Apartment Owners Association under the Karnataka Societies Registration Act, 1960 is quashed.

The direct effect of this decision is the invalidation of the respondent society's registration for maintenance of the apartment complex under the Societies Act. The Court’s order mandates that such apartment owners associations should be registered as cooperative societies under the Karnataka Cooperative Societies Act, 1959 when no declaration is filed under the Apartment Ownership Act. The Court further directed that this legal position be communicated to all relevant registering authorities to ensure compliance and avoid unnecessary litigation. No new precedent beyond the reaffirmation of existing law was established.

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    MS.SHARMISHTHA NAG v. STATE OF KARNATAKA

    - 1 -

    NC: 2024:KHC:47147

    WP No. 28206 of 2023

    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 20TH DAY OF NOVEMBER, 2024

    BEFORE

    THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 28206 OF 2023 (CS-RES)

    BETWEEN:

    MS.SHARMISHTHA NAG

    AGED ABOUT 45 YEARS

    VILLA NO.49, UPKAR ROYAL GARDEN

    ZUZUVADI

    P O HOSUR

    KRISHNAGIRI DIST

    TAMIL NADU 655126

    MOBILE 9008507584

    …PETITIONER

    (BY SRI. ABHIJEET SHARMA., ADVOCATE)

    AND:

    1. STATE OF KARNATAKA

    REPRESENTED BY THE REGISTRAR

    DEPARTMENT OF CO-OPERATIVE SOCIETIES

    NO.1, ALI ASKER ROAD

    BENGALURU-560052

    2. THE DISTRICT REGISTRAR

    OFFICE OF THE REGISTRAR OF SOCIETIES

    ZONE 3, 2NDFLOOR

    SAHAKARA SOUDHA

    NO.146, 8THCROSS

    3RDMAIN ROAD

    MARGOSA ROAD

    MALLESHWARAM

    BENGALURU-560003

    3. DEPUTY REGISTRAR OF

    CO OPERATIVE SOCIETIES

    ZONE 3, 2NDFLOOR

    SAHAKARA SOUDHA

    - 2 -

    NO.146, 8THCROSS

    3RDMAIN ROAD

    MARGOSA ROAD

    MALLESHWARAM

    BENGALURU-560003

    4. JANA SHUBHA APARTMENT OWNERS ASSOCIATION

    M MEDAHALLI

    ANEKAL

    BENGALURU-562107

    REPRESENTED BY ITS PRESIDENT

    REGISTERED UNDER KSRA 1960 ACT

    …RESPONDENTS

    (BY SRI. YOGESH D NAIK., AGA FOR R1 TO R3; R4-SERVED)

    THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227

    OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS

    FROM R1 TO R3 RELATING TO THE REGISTRATION OF THE R4

    UNDER THE PROVISIONS OF THE KARNATAKA SOCIETIES

    REGISTRATION ACT, 1960 AND ETC.

    THIS WRIT PETITION, COMING ON FOR PRELIMINARY

    HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS

    UNDER:

    CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

    ORAL ORDER

    1. The Petitioner is before this Court seeking for the following reliefs:

    a. Call for records from Respondent No.1 to Respondent No.3 relating to the registration of the Respondent No.4 under the provisions of the Karnataka Societies Act, 1960.

    b. Quash the certificate registration bearing No. JNR- GNOB/SOR07/16-17 dated 05.04.2016 issued by the Respondent No.2 in favour of Respondent No.4

    - 3 -

    (Annexure-B) by way of which Respondent No.4 that is Jana-Shubha Apartment Owners Association has been granted registration as a society under the provisions of the Karnataka Societies Registration Act, 1960.

    c. Direct the registration of the association under the appropriate statute, to form a Cooperative society under Karnataka Cooperative Societies Act 1959, for carrying out maintenance operations in the apartment complex.

    d. Grant any other such orders as may be just, including the costs of litigation, in the interests of justice and equity.

    2. The grievance of the petitioner is that the petitioner is one of the owners of the apartment complex viz., 'Jana Shubha Apartment' situated at M.Medahalli Village, Attibele Hobli, Anekal Taluk. Bangalore. Her grievance is that some of the apartment owners have registered an association under Karnataka Societies Registration Act, 1960 and are making demands for payment of maintenance amount for maintenance of apartment complex. This, the learned counsel Sri.Abhijeet Sharma, appearing for the petitioner would submit is in violation of provisions of the Karnataka Apartment Ownership Act, 1972 since in

    - 4 -

    terms thereof where a declaration has not been filed for registration under the Karnataka Apartment Ownership Act, a Society under Cooperative Societies Act would have to be formed. His submission is that respondent No.4-Society under the Karnataka Societies Registration Act, 1960 cannot have as its objective maintenance of an apartment complex.

    3. Notice having served to the respondents, learned AGA has entered appearance for the official respondents. Respondent No.4 though served has chosen not to be represented.

    4. Heard Sri.Abhijeet Sharma, learned counsel for the petitioner and perused the papers.

    5. This Court in catena of decisions has categorically held that the Society registered under the Karnataka Societies Registration Act, 1960 cannot have as its objective maintenance of an apartment complex. More recently, this Court in the case of VDB

    - 5 -

    Celadon Apartment Owners Association vs. Mr.Praveen Prakash and others1 has categorically held that the objective of administering, maintaining and running the buildings and apartments and to carry on the day-to-day work relating to all the aspects of the buildings/apartments, common areas and common facilities will not be covered by any of the clauses (a) to (g) of Section 3 of the said Act of 1960 and as such, held that such a Society cannot be formed for such purposes.

    6. This Court is coming across several matters where Societies have been registered by respondents No.2 and 3 for the purpose of maintenance of an apartment building. Respondent No.1 is directed to forward a copy of the order in W.A.No.974/2019 to all Registering Authorities under the Karnataka Societies Registration Act and the Karnataka Cooperative Societies Act so that the law laid down

    1 W.A.No.974/201 9

    - 6 -

    by this Court is followed by them and unnecessary litigation is avoided.

    7. In the above circumstances, I pass the following:

    ORDER

    i) The Writ Petition is allowed. A certiorari is issued.

    ii) The certificate registration bearing No.JNR- GNOB/SOR07/16-17 dated 05.04.2016 issued by Respondent No.2 in favour of Respondent No.4 at Annexure-B is quashed.

    iii) Though the above matter is disposed, for reporting compliance with the directions issued at Para 6 above, re-list on 18.12.2024. Sd/-

    (SURAJ GOVINDARAJ)

    JUDGE

    PRS

    List No.: 1 Sl No.: 67

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    MS.SHARMISHTHA NAG v. STATE OF KARNATAKA
    (Nov 20, 2024)