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2022 Supreme(Online)(Kar) 39744
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WP No. 1685 of 2022
C/W
WP No. 16654 of 2021
WP No. 293 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 1685 OF 2022 (GM-KSR)
C/W
WRIT PETITION NO. 16654 OF 2021 (GM-KSR)
WRIT PETITION NO. 293 OF 2022 (GM-KSR)
IN WRIT PETITION NO. 1685 OF 2022
BETWEEN:
1.
MR.HARI YOGENDRA TRIPATHI
AGED ABOUT 46 YEARS
S/O RAM ASREY TRIPATHI
WLL 044, DLF WOODLAND HEIGHTS
RAJAPURA, JIGANI
BENGALURU 3 560 105.
2.
MR.SHRINIVAS BANGERA
AGED ABOUT 43 YEARS
S/O SANJEEVA BANGERA
FALT NO 51, 5TH FLOOR
F TOWER, DLF WOODLAND HEIGHTS
RAJAPURA, JIGANI
BENGALURU 3 560 105.
3.
MR.L.T.KUMAR
AGED ABOUT 61 YEARS
S/O LATE LINGACHARY
NO 22, 1ST MAIN, 5TH CROSS
Digitally signed by
PADMAVATHI B K
Location: HIGH
COURT OF
KARNATAKA
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WP No. 1685 of 2022
C/W
WP No. 16654 of 2021
WP No. 293 of 2022
GOPALAREDDY LAYOUT
ARAKERE , BANNERGHATTA ROAD
BENGALURU 3 560 076.
ALSO AT
WLL 041, DLF WOOD LAND HEIGHTS
RAJAPURA, JIGANI
BENGALURU 3 560 105.
&PETITIONERS
(BY SRI. VITTAL B.R., ADVOCATE)
AND:
1.
STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF CO-OPERATION
ROOM NO.618, 6TH FLOOR
M.S.BUILDING
BENGALURU 3 560 001.
2.
THE DEPUTY REGISTRAR OF
CO-OPERATIVE SOCITIES
BANGALORE URBAN ZONE-3
NO.146, SAHAKARA SOUDHA
8TH CROSS ROAD, 3RD MAIN
MARGOSA ROAD, MALLESHWARAM
BENGALURU 3 560 003.
3.
WOODLAND HEIGHTS APARTMENT
OWNERS WELFARE ASSOCIATION (WHAOWA)
GROUND FLOOR, G-BLOCK
DLF WOODLAND HEIGHTS
RAJAPURA, JIGANI
BENGALURU 3 560 105.
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WP No. 1685 of 2022
C/W
WP No. 16654 of 2021
WP No. 293 of 2022
(REPRESENTED BY ITS PRESIDENT)
&RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP FOR R1 & R2;
SRI. D.MANJUNATH, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE REGISTRATION UNDER THE SAID ACT OF R-3
ASSOCIATION AND ITS BYE LAWS ISSUED BY THE OFFICE OF
R-2 ENCLOSED AS ANNX-D AND E AND ETC.,
IN WRIT PETITION NO. 16654 OF 2021
BETWEEN:
M/S LILIUM GARDENIA RESIDENTS WELFARE
ASSOCIATION (R)
AN ASSOCIATION UNDER REGISTERED UNDER
THE KARNATAKA SOCIETIES
REGISTRATION ACT, 1960
HAVING ITS OFFICE AT DHAMMANGI
LILIUM GARDENIA APARTMENT
SY NO.98/1, 98/3, RACHENAHALLI VILLAGE,
BDS LAYOUT HEGDE NAGARA
BENGALURU 3 560 077
REPRESENTED BY ITS PRESIDENT
MR.DEEPAK P.M.
&PETITIONER
(BY SRI. RAVI R., ADVOCATE)
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WP No. 1685 of 2022
C/W
WP No. 16654 of 2021
WP No. 293 of 2022
AND:
1.
THE STATE OF KARNATAKA
REPRESENTED BY ITS REGISTRAR
DEPARTMENT OF CO-OPERATIVE SOCIETIES
NO.1, ALI ASKAR ROAD,
NEAR RAJ BHAVAN,
VASANTH NAGAR, BENGALURU
KARNATAKA 3 560 052.
2.
THE DEPUTY REGISTRAR OF CO-OPERATIVE
SOCIETIES
BANGALORE URBAN-1
SHANKARA SOUDHA, MARGOSA ROAD,
MALLESWARAM
BENGALURU 3 560 003.
3.
THE DISTRICT REGISTRAR
OFFICE THE REGISTRAR OF SOCIETIES
3RD FLOOR, TRIUMPH TOWERS
NO.48, CHURCH STREET
BENGALURU 3 560 001.
&RESPONDENTS
(BY SMT.RASHMI PATEL, HCGP.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER
WRIT/ORDER
OR
DIRECTION
QUASHIN
SL.NO.DRB-
1/SS/COM/2020-21 DEPUTY REGISTRAR OF CO-OPERATIVE
SOCIETIES
BANGALORE
URBAN-1-DATED
29-6-2021
I.E.
ANNEXURE-E.
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WP No. 1685 of 2022
C/W
WP No. 16654 of 2021
WP No. 293 of 2022
IN WRIT PETITION NO. 293 OF 2022
BETWEEN:
MR.PRAKASH CHANDRA RAO ALUGGELU
AGED ABOUT 45 YEARS,
S/O GANGADHAR RAO ALUGGELU
FLAT NO.101, BLOCK C
LILIUM GARDENIA, 2ND CROSS ROAD
BDS LAYOUT, DR.SRK NAGAR
HEGDE NAGAR
BENGALURU 3 560 077.
&PETITIONER
(BY SRI. VITTAL B. R., ADVOCATE)
AND:
1.
STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY
DEPARTMENT OF CO-OPERATION
ROOM NO.618,
6TH FLOOR, M.S.BUILDING
BENGALURU 3 560 001.
2.
THE DEPUTY REGISTRAR OF
CO-OPERATIVE SOCIETIES
BANGALORE URBAN ZONE-1
NO.146, SAHAKARA SOUDHA
8TH CROSS ROAD,
3RD MAIN, MARGOSA ROAD
MALLESHWARAM
BENGALURU 3 560 003.
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WP No. 1685 of 2022
C/W
WP No. 16654 of 2021
WP No. 293 of 2022
3.
LILIUM GARDENIA RESIDENTS
WELFARE ASSOCIATION
DHAMMANGI LILIUM GARDENIA APARTMENTS
SY NO.98/1, 98/3,
RACHENAHALLI VILLAGE
BDS LAYOUT, HEGDENAGARA
BENGALURU 3 560 077
(REPRESENTED BY ITS PRESIDENT)
&RESPONDENTS
(BY SMT.RASHMI PATEL, HCGP FOR R1 AND R2;
SRI.R.RAVI, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE REGISTRATION UNDER THE SAID ACT OF R-3
ASSOCIATION AND ITS BYELAWS ISSUED BY THE OFFICE OF
R-2 VIDE ANNX-B AND C ENCLOSED IN PAGE NUMBER AND
ETC.
THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
These petitions call in question the act of the
respondents 3 Welfare Associations of the respective
apartments seeking maintenance from the hands of the
residents of the apartments, notwithstanding the fact that
the
Welfare
Associations
are
registered
under
the
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Karnataka Societies Registration Act, 1960 (8the Act, 1960
for short).
2. Heard Sri Vittal B.R., learned counsel for the
petitioner in W.P.Nos.1685/2022 and 293/2022, Sri Ravi
R.,
learned
counsel
for
the
petitioner
in
W.P.No.16654/2021, Smt. Rashmi Patel, learned High
Court Government Pleader for respondent Nos.1 and 2 in
W.P.Nos.1685/2022 and 293/2022 and respondent Nos.1
to 3 in W.P.No.16654/2021, Sri D. Manjunath, learned
counsel for respondent No.3 in W.P.No.1685/2022 and
Sri R. Ravi, learned counsel for respondent No.3 in
W.P.No.293/2022.
3. The learned counsel appearing for the parties
would accept the fact that the issue is covered by an order
passed by the Division Bench, on an identical issue in
W.A.No.974/2019, disposed on 06.11.2019, has held as
follows:
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<4. The submission of the learned counsel appearing for
the appellant is that the objects of the appellant
Association will fall in the categories covered by Section
3 of the said Act of 1960. He pointed out that the
dominant purpose or object of forming the said
Association is to administer, maintain and run the
buildings and apartments constructed by the aforesaid
developer.
He
submitted
that
in
fact,
the
appellant has been collecting maintenance charges for
maintaining the residential complex from a majority of
the apartment owners, barring a few of the owners of
the apartments who are opposing the appellant. He
submitted that there is nothing wrong with the
registration of the appellant Association under the said
Act of 1960 and that if the impugned order is
maintained, the members who have not paid the
maintenance will go scot-free. Without prejudice to his
contentions, he submitted that the first to seventh
respondents must co-operate for formation of the
Association as contemplated by the said Act of 1972.
5.
We
have
given
careful
consideration
to
the
submissions.
6. Section 3 of the said Act of 1960 reads thus:
<3. Societies to which the Act applies.-
The following societies may be registered
under this Act:4
Societies established for:4
(a)
the promotion of charity;
(b)
the promotion of education, science,
literature, or the fine arts;
(c)
the promotion of sports;
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(d)
the instruction and the diffusion of
knowledge relating to commerce or
industry or of any other useful
knowledge;
(e)
the diffusion of political education;
(f)
the foundation or maintenance of
libraries
or
reading
rooms
for
general use among the members or
open to the public, or of public
museums and galleries of painting
and other works of art;
[(ff) the promotion of conservation and
proper use of natural resources and scarce
infrastructural facilities like land, power,
water, forest and such other resources
and infrastructural facilities, as may be
notified by the State Government from
time to time.]
(g)
the collection of natural history,
mechanical
and
philosophical
inventions Or designs and
Which intend to apply their profits, if any,
or other income in promoting their objects
and prohibit the payment of any dividend
or distribution of any income or profits
among their members.=
Even according to the case of the appellant, the
dominant object for the formation of the appellant
Association is to administer, maintain and run the
building and apartments. Clauses 5.1 and 5.2 are,
even according to the learned counsel for the
appellant, the dominant objects of the Association, and
they read thus:
5.1 To administer, maintain and run the
building and apartments known as VDB
Celadon
No.23/3,
23/4,
26/1,
Shivanahalli
Hobli,
Jakkur
Road,
- 10 -
Yelahanka,
Bangalore
3
560064.
5.2 To Carry on the Day-to-day work
relating to all aspects of the building,
apartments,
common
areas,
common
facilities and
