ORDER

The petitioner is before this Court in both the petitions, seeking the following prayers:

In W.P.No.19428/2021 “(i) To issue a Writ, order or direction directing the Respondents 1 & 2 to take appropriate action to cancel the registration of Respondent 3 Association.

(ii) To issue an order, declaration or direction declaring such registered Association of Respondent 3 along with Byelaws already registered with Respondent 1 & 2 as void ab initio for the purpose of apartment maintenance by collecting monthly maintenance.

(iii) To issue a writ, order or direction directing the Association of Respondent 3 to register under the specific appropriate law in force viz; The Karnataka Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1972.

(iv) To issue writ, order, direction to Respondent 1 & 2 to function strictly under the provision of section 3 of the “Said Act” by not registering Associations for the purpose of building maintenance.

(v) To issue any other appropriate writ, order or direction which this Hon’ble Court deems just and proper, in the facts and circumstances of the present matter.

(vi) To Compensate the petitioner for the repeated and public humiliation and harassment by naming the petitioner and family members as defaulters on public notice boards, disconnecting their generator power to the petitioner’s flat and even disallowing the guests and vendors visiting the petitioner’s flat.

(vii) The costs of the writ petition may also be awarded in favor of the Petitioners.”

In W.P.No.19412/2021 “(i) To issue a Writ, order or direction directing the Respondents 1 & 2 to take appropriate action to cancel the registration of Respondent 3 Association.

(ii) To issue an order, declaration or direction declaring such registered Association of Respondent 3 along with Byelaws already registered with Respondent 1 & 2 as void ab initio for the purpose of apartment maintenance by collecting monthly maintenance.

(ii) To issue a writ, order or direction directing the Association of Respondent 3 to register under the specific appropriate law in force viz; The Karnataka Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1972.

(iv) To issue writ, order, direction to Respondent 1 & 2 to function strictly under the provision of section 3 of the “Said Act” by not registering Associations for the purpose of building maintenance.

(v) To issue any other appropriate writ, order or direction which this Hon’ble Court deems just and proper, in the facts and circumstances of the present matter.

(vi) To Compensate the petitioner for the repeated and public humiliation and harassment by naming the petitioner and family members as defaulters on public notice boards, disconnecting their generator power to the petitioner’s flat and even disallowing the guests and vendors visiting the petitioner’s flat.

(vii) The costs of the writ petition may also be awarded in favor of the Petitioners.”

2. Heard Smt. Reshma K.R., learned counsel for the petitioner, Sri Rahul Cariappa K.S., learned AGA for respondent Nos.1 and 2 and Sri Ravi Chandra S.N., learned counsel for respondent No.3.

3. The petitioner is the resident of an apartment complex by name Westend Heights. The petitioner is driven to this Court in the subject petitions on the score that respondent No.3-association has no right to function as an association for the collection of all funds for maintenance in the apartment complex.

4. Learned counsel for the petitioner would seek to place reliance upon the judgment of the Division Bench of this Court in W.A. No.974/2019 disposed of on 06.11.2019 to submit that the present association, i.e., respondent No.3, is registered under the Karnataka Societies Registration Act, 1960 (‘the Act, 1960’ for short) and the Division Bench has held that any association registered under the Act, 1960, cannot function as an association of an apartment complex unless the members of the said associat