ORAL ORDER
1. The petitioners are before this Court seeking for the following reliefs:
"Wherefore, the petitioners humbly pray that this Honurable Court be pleased to,
i. Issue a writ of certiorari quashing the Registration granted Vide Society Registration Number JNR- S69-2012-13 dated vide Annexure-C by
respondent No.3 the District Registrar of Societies to respondent No.4 'PARK GOLDEN AURA APARTMENT OWNERS ASSOCIATION' (PGAAOA).
ii. Pass such other writ or direction as deemed fit in the circumstances of the case."
- 4 -
2. The petitioners claim to be owners and residents of an apartment complex known park Golden Aura. It is stated that a society under the Karnataka Society Registration Act, 1960 (hereinafter referred as to 'Act') by name Park Golden Aura Apartments owners association had been formed by some of the owners for the purpose of maintaining of the apartment complex which is contended to be impermissible and as such the aforesaid relief for cancellation of the registration is sought for .
3. The Hon'ble Division Bench of this Court vide its judgment dated 06.11.2019 in WP.No.974/2019 and other connected matter has categorically held that a society registered under the Societies Registration Act, 1960 cannot have as one of its objects the maintenance of a apartment complex. In that view of the matter, the registration of respondent No.4 for that purpose is not permissible. Hence, I pass the following:
- 5 -
ORDER
i. The petition is allowed;
ii. A certiorari is issued, the registration granted vide Society Registration Number JNR-S69- 2012-13 dated 19.11.2012 at Annexure-C is hereby quashed;
iii. Liberty is reserved to the apartment owners to comply with the due requirement of the Karnataka Apartments Owners Act, and form such association for maintenance of the apartment complex as permissible under law;
iv. Pending I.A does not survive for consideration.
SD/-
(SURAJ GOVINDARAJ)
JUDGE
PNV - List No.: 1 Sl No.: 9