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MR AANJANEY PRIYADARSHI v. STATE OF KARNATAKA
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NC: 2024:KHC:53077
WP No. 34645 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 34645 OF 2024 (GM-RES)
BETWEEN:
MR. AANJANEY PRIYADARSHI,
S/O MR. A.K. SINHA,
AGED ABOUT 39 YEARS,
RESIDING AT FLAT-K-014,
DLF MAIDEN HEIGHTS APARTMENT,
RAJAPURA VILLAGE, JIGANI HOBLI,
ANEKAL TALUK, BENGALURU - 560 105. …PETITIONER
(BY SRI. RAHUL KRISHNA REDDY P, ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF COOPERATION,
ROOM NO. 618, 06TH FLOOR,
MS BUILDING, BENGALURU - 560 001,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING, BANGALORE - 560 001.
2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF REGISTRAR OF CO-OPERATIVE SOCIETIES,
NO. 1, ALI ASKER ROAD, VASANTH NAGAR,
BENGALURU - 560 052.
3. ICICI BANK,
REPRESENTED BY ITS REGIONAL HEAD/DIRECTOR, REGIONAL OFFICE, 4/10, MYTHREE TOWER,
BOMMANAHALLI, HOSUR ROAD,
BENGALURU - 560 068. …RESPONDENTS
(BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 AND R2)
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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2/ REGISTRAR OF CO-OPERATIVE SOCIETIES, ALI ASKER ROAD,
BANGALORE TO IMMEDIATELY APPOINT A RETURNING OFFICER
(RO) TO CONDUCT ELECTIONS FOR ALL 11 POSITIONS IN THE
GOVERNING BODY WITH THE TERMS AND CONDITIONS FOR
NOMINATIONS, ELIGIBILITY, ETC. AS OUTLINED IN THE QUASHED
BYE LAWS OF UNREGISTERED MHAOWA IN ORDER TO
EFFECTIVELY COMPLY WITH THE JUDGMENT OF THIS HONBLE
COURT IN WP NO. 23487/2023 DATED 19.09.2024 AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The registration of the Maiden Heights Apartment Owners Welfare Association under the provisions of the Karnataka Societies Registration Act, 1960 has been questioned before this Court in W.P.No.23487/2023. However, in the order dated 19.09.2024 this Court granted liberty to respondent No.3 - Association, to register the association within two months under the Karnataka Co-operative Societies Act, 1959.
2. The provisions of the Karnataka Co-operative Societies Act,1959 are not applicable to the association consisting of the residential units and therefore, the association is under an obligation to file a declaration under the provisions of the Karnataka Apartment Ownership Act, 1972.
3. The petitioner's grievance is that all the owners of the unit in the apartment are not coming forward to file a declaration under the said Act and therefore, the maintenance
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of the apartment complex has came to a stand still and the bank account of the association has been frozen by the respondent No. 3 - ICICI Bank.
4. Respondent No.2 - Registrar of Co-operative Societies, is the competent authority under the Act, 1972 and therefore, respondent No.2 is directed to appoint a Returning Officer to conduct elections for all 11 positions in the governing body to the Maiden Heights Apartment Owners Welfare Association within three months, from today.
5. The expenses to be incurred for conducting the election and necessary fees to be borne by the said Association.
6. Respondent No.2 is directed to take necessary steps to defreeze the account of the association and make statutory payments and other payments for carry on day-to-day activities of the association.
7. With these observations, the petition stands disposed of.
Sd/-
(HEMANT CHANDANGOUDAR)
JUDGE
RKA
List No.: 1 Sl No.: 92
CT: BHK
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