The petitioner is before this Court calling in question the

registration of the 4^th respondent 3 Hoysala Commanders

Retreat Apartment Owners Welfare Association under the

Karnataka Societies Registration Act, 1960 and the consequent

act of the 4^th respondent collecting maintenance charges from

all the owners of the apartment in the apartment complex.

2. Heard Sri.Sameer Sharma, learned counsel appearing

for

petitioner,

Smt.Rashmi

Patel,

learned

High

Court

Government Pleader appearing for respondents 1 to 3 and

Sri.Praveen Kamath, learned counsel appearing for respondent

No.4.

3. Brief facts that lead the petitioner to this Court in the

subject petition as borne out from the pleadings are:

- 4 -

The petitioner is a resident of Hoysala Commanders

Retreat Apartment and has knocked the doors of this Court on

the ground that the 4^th respondent - Welfare Association of the

Apartment Owners have no right to collect any maintenance as

they are not the owners registered under the 1972 Act and are

the

owners

registered

under

the

Karnataka

Societies

Registration Act, 1960.

4. Learned counsel for petitioner would submit that the

very issue is considered by the Division Bench of this Cour