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
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(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
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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
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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
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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