ORAL ORDER
The petitioner herein is the Association of Apartment Owners, constituted under the Provisions of the Karnataka Apartment Ownership Act, 1972.
2. It is their case that the owner and the developer of the property where the apartment now stands have sold the property in favour of various purchasers and today they do not own any apartment in the said apartment complex. It is submitted that the individual apartment owners own the apartment complex and they are all the members of the petitioner's association and that the association is the owner of the common area by virtue of the deed of declaration executed under the Provisions of the Karnataka Apartment Ownership Act, 1972. When this being the situation on the ground that there are certain tax dues, respondent Nos.2 and 3 have initiated proceedings against the erstwhile
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developer and the owners of the property and have passed orders, which the petitioner is not aware of. To the shock and dismay of the petitioner, they found the proclamation of sale in respect of the clubhouse of the apartment being pasted on the wall of the apartment. Immediately thereafter, the petitioner preferred this writ petition and also have made necessary representations to respondent Nos.2 and 3 in this regard.
3. They submit that going ahead with the proclamation of sale would prejudice the interest of the individual apartment owners and the members of the petitioner's association and if an opportunity of hearing is given and after hearing them, if respondent Nos.2 and 3 were to conclude that any due is payable to them, then in that event, the petitioner is willing to pay the necessary amounts to respondent Nos.2 and 3 in accordance with the law.
4. The learned counsel for respondent Nos.2 and 3 submits that they have no objection for hearing the
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petitioner and passing appropriate orders in accordance with law. Hence, the following:
ORDER
i. The Writ Petition is hereby disposed of.
ii. The proclamation of sale dated 30.01.2026 (vide Annexure-A to the writ petition) issued by respondent No.3 is hereby set aside.
iii. Respondent No.2/3 shall issue necessary notice to petitioner in respect of any claim that the Greater Bengaluru Authority may have against the property concerned.
iv. Upon receipt of the same, the petitioner shall submit the necessary reply within a period of two (02) weeks thereafter.
v. Respondents thereafter shall provide an opportunity of hearing to the petitioner
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and take appropriate decision in accordance with law.
vi. Till that time, the orders preceding issuance of Proclamation of Sale (vide Annexure-A to the writ petition) passed by respondent No.3 will be kept in abeyance.
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(M.I.ARUN)
JUDGE
CH
List No.: 1 Sl No.: 32