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2026 Supreme(Online)(Kar) 19271
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF MARCH, 2026
BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 22225 OF 2023 (GM-RES)
BETWEEN:
1. MR. BIPIN KUMAR GUPTA S/O LATE DR.RAM NARESH GUPTA, AGED 52 YEARS, FLAT NO.A 705, KEERTHI ROYAL PALMS, HOSUR ROAD, SY NO.33/1 AND 33/2, B B E E T G E U R R A H N O A B A L G I, R AHARA VILLAGE, BANGALORE-560 100
2. MRS. DEEPTI BAJPAI W AG /O ED A 3 N 8 A N Y D EA T R I S W , ARI, FLAT NO. E 1207, KEERTHI ROYAL PALMS, HOSUR ROAD Dbyig SitUaVllyA RsiNgnAe Td S B Y E T N E O R . A 3 N 3 A /1 A A G N R D A H3 A 3 R /2 A , VILLAGE, LCK o AOc RUa N tRi A oTn T O: A FH K I A G H B B E A G N U G R A L H O O R B E L - I 5 , 6 0 100
3. MR. ANAND TIWARI S/O J.P.TIWARI, AGED 43 YEARS, FLAT NO. D 402, KEERTHI ROYAL PALMS, HOSUR ROAD SY NO.33/1 AND 33/2, BETERANA AGRAHARA VILLAGE, BEGUR HOBLI, BANGALORE-560 100
4. MRS. SHWETA KESHRI W/O BIPIN KUMAR GUPTA, AGED 46 YEARS, FLAT NO. E 603, KEERTHI ROYAL PALMS, HOSUR ROAD SY NO.33/1 AND 33/2, BETERANA AGRAHARA VILLAGE, BEGUR HOBLI, BANGALORE-560 100
5. MR. BASANT PRASAD KESRI S/O LATE BISHWANATH PRASAD KESRI, AGED 78 YEARS, FLAT NO. A 704, KEERTHI ROYAL PALMS, HOSUR ROAD SY NO.33/1 AND 33/2, BETERANA AGRAHARA VILLAGE, BEGUR HOBLI, BANGALORE-560 100
6. MRS. NEELAM KESHRI W/O BASANT PRASAD KESRI, AGED 68 YEARS, FLAT NO. B 704, KEERTHI ROYAL PALMS, HOSUR ROAD SY NO.33/1 AND 33/2, BETERANA AGRAHARA VILLAGE, BEGUR HOBLI, BANGALORE-560 100
7. MR.KRISHNA KUMAR SINGH S/O LT. SHYAM SUNDER SINGH, AGED 68 YEARS, FLAT NO. E 108.KEERTHI ROYAL PALMS, NEAR B.M.W. SHOWROOM HOSUR SERVICE ROAD BANGALORE-560 100
8. MR.BISHRAM BASANT KESRI S/O BASANT PRASAD KESRI, AGED 37 YEARS, FLAT NO. C 604, KEERTHI ROYAL PALMS, NEAR B.M.W. SHOWROOM HOSUR SERVICE ROAD BANGALORE-560 100
9. MR.ADITYA SACHAN S/O LALIT SACHAN, AGED 34 YEARS, FLAT NO. E 807, KEERTHI ROYAL PALMS, NEAR B.M.W. SHOWROOM HOSUR SERVICE ROAD BANGALORE-560 100
10. MR. JAY KUMAR S/O SATYA NARAYAN SINGH, AGED 36 YEARS, FLAT NO. E 605, KEERTHI ROYAL PALMS, NEAR B.M.W. SHOWROOM HOSUR SERVICE ROAD BANGALORE-560 100
PETITIONER NO.3 TO 10 REP. BY THEIR POA HOLDER, I E PETITIONER NO.1 AND 2 …PETITIONERS
(BY SMT. BEENA P.K., ADVOCATE)
AND:
1. STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF CO-OPERATIVE SOCIETIES, VIKASA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560 001
2. THE REGISTRAR KARNATAKA CO-OPERATIVE SOCIETIES, SAHAKARA SOUDHA, MARGOSA ROAD, MALLESHWARAM, BENGALURU-560 003
3. KEERTHI ESTATE PRIVATE LIMITED REP. BY ITS MANAGING DIRECTOR, REGD. OFFICE AT C.V. RAMANNAGAR, MAIN ROAD, BEHIND BIG BAZAR, OLD MADRAS ROAD, BENGALURU-560 093
4. MR.S.CHNDRASEKAR S/O MR.T.S.SUBRAMANIAN AGED 45 YEARS FLAT NO.C-305, KEERTHI ROYAL PALMS HOSUR ROAD. S NO.33/1 & 33/2 BETWEEN AGRAHARA VILLAGE BEGUR HOBLI BENGALURU-560 100
5. MR.SANJIB BISWAS S/O MR.SUBRATA BISWAS AGED 35 YEARS FLAT NO.C-903, KEERTHI ROYAL PALMS HOSUR ROAD. S NO.33/1 & 33/2 BETWEEN AGRAHARA VILLAGE BEGUR HOBLI BENGALURU-560 100
6. MR.UDAY SHANKAR DAS S/O.MR.RANJIT RANJAN DAS AGED 37 YEARS FLAT NO.701, KEERTHI ROYAL PALMS HOSUR ROAD. S NO.33/1 & 33/2 BETWEEN AGRAHARA VILLAGE BEGUR HOBLI BENGALURU-560 100
7. MR.JOSHY MATHEW S/O MR.M.S.MATHEW AGED 42 YEARS FLAT NO.D-107, KEERTHI ROYAL PALMS HOSUR ROAD. S NO.33/1 & 33/2 BETWEEN AGRAHARA VILLAGE BEGUR HOBLI BENGALURU-560 100
8. MR.AMIT KUMAR JHA S/O KUSHESHWAR JHA AGED 40 YEARS FLAT NO.D-702, KEERTHI ROYAL PALMS HOSUR ROAD. S NO.33/1 & 33/2 BETWEEN AGRAHARA VILLAGE BEGUR HOBLI BENGALURU-560 100
9. MRS.LIPSA MOHANTY W/O MR.SANDEEP PRITAM AGED 35 YEARS FLAT NO.306, KEERTHI ROYAL PALMS HOSUR ROAD. S NO.33/1 & 33/2 BETWEEN AGRAHARA VILLAGE BEGUR HOBLI BENGALURU-560 100
10. MRS.KAVITHA NALLURI W/O MR.P.MADHUSUDAN RAO AGED 52 YEARS FLAT NO.A-205, KEERTHI ROYAL PALMS HOSUR ROAD. S NO.33/1 & 33/2 BETWEEN AGRAHARA VILLAGE BEGUR HOBLI BENGALURU-560 100
11. MR.RAJAGOPALAN KUMAR S/O MR.JAAYARAMAN KUMAR AGED 45 YEARS FLAT NO.B-102, KEERTHI ROYAL PALMS HOSUR ROAD. S NO.33/1 & 33/2 BETWEEN AGRAHARA VILLAGE BEGUR HOBLI BENGALURU-560 100
12. MR.ASHOK KUMAR PAI S/O.MR.PRAHLAD RAI AGED 43 YEARS FLAT NO.D-504, KEERTHI ROYAL PALMS HOSUR ROAD. S NO.33/1 & 33/2 BETWEEN AGRAHARA VILLAGE BEGUR HOBLI BENGALURU-560 100
13. MR.V.J.THOMAS S/O.MR.V.T.JEROME AGED 47 YEARS FLAT NO.B-605, KEERTHI ROYAL PALMS HOSUR ROAD. S NO.33/1 & 33/2 BETWEEN AGRAHARA VILLAGE BEGUR HOBLI BENGALURU-560 100
14. MS.SEEMA AGARWAL C/O SULABH AGARWAL AGED 46 YEARS FLAT NO.A-1003, KEERTHI ROYAL PALMS HOSUR ROAD. S NO.33/1 & 33/2 BETWEEN AGRAHARA VILLAGE BEGUR HOBLI BENGALURU-560 100
15. MR.DEVANSHU KHETAN S/O MR.MURLI MOHAN KHETAN AGED 41 YEARS FLAT NO.C-403, KEERTHI ROYAL PALMS HOSUR ROAD. S NO.33/1 & 33/2 BETWEEN AGRAHARA VILLAGE BEGUR HOBLI BENGALURU-560 100
16. MR.SUSHANT MUNDU S/O MR.SIBLAN PATRAS MUNDU AGED 36 YEARS FLAT NO.C-1102, KEERTHI ROYAL PALMS HOSUR ROAD. S NO.33/1 & 33/2 BETWEEN AGRAHARA VILLAGE BEGUR HOBLI BENGALURU-560 100
17. MR.RAJESH CHOUDHARY S/O.MR.BHUBANESHWAR CHOUDHARY AGED 41 YEARS FLAT NO.C-305, KEERTHI ROYAL PALMS HOSUR ROAD. S NO.33/1 & 33/2 BETWEEN AGRAHARA VILLAGE BEGUR HOBLI BENGALURU-560 100
18. MR.AJAY SONTAKA S/O MR.NAGORAO SONTAKE AGED 42 YEARS FLAT NO.E-1006, KEERTHI ROYAL PALMS HOSUR ROAD. S NO.33/1 & 33/2 BETWEEN AGRAHARA VILLAGE BEGUR HOBLI BENGALURU-560 100
19. MR.SONADARSHAN N.G.S/O MR GANGADHARA AGED 25 YEARS FLAT NO.B-1202, KEERTHI ROYAL PALMS HOSUR ROAD. S NO.33/1 & 33/2 BETWEEN AGRAHARA VILLAGE BEGUR HOBLI BENGALURU-560 100
20. MS.NISHA Y., D/O.MR.R.M.YADAV AGED 39 YEARS FLAT NO.B-1104, KEERTHI ROYAL PALMS HOSUR ROAD. S NO.33/1 & 33/2 BETWEEN AGRAHARA VILLAGE BEGUR HOBLI BENGALURU-560 100
21. MR.SITARAMA SURESH MALLA S/O. MR.VARAHA RAMAA BHADRA AGED 52 YEARS FLAT NO.C-1003, KEERTHI ROYAL PALMS HOSUR ROAD. S NO.33/1 & 33/2 BETWEEN AGRAHARA VILLAGE BEGUR HOBLI BENGALURU-560 100
22. MR.ABIRAMI PANDEY W/O MR.KANNAPPAN AGED 23 YEARS FLAT NO.A-701, KEERTHI ROYAL PALMS HOSUR ROAD. S NO.33/1 & 33/2 BETWEEN AGRAHARA VILLAGE BEGUR HOBLI BENGALURU-560 100
23. MR.BRIJESH S NAGARKAR S/O.MR.N.V.SUBRAMANYA AGED 46 YEARS FLAT NO.B-1005, KEERTHI ROYAL PALMS HOSUR ROAD. S NO.33/1 & 33/2 BETWEEN AGRAHARA VILLAGE BEGUR HOBLI BENGALURU-560 100
…RESPONDENTS
(BY SRI.MAHANTESH SHETTAR AGA FOR R1 & R2 SRI.SAMMITH S., ADVOCATE FOR R3 SMT.SUJATHA DURGEKAR, ADVOCATE FOR R4 & R23)
ORDER
i. The writ petition is disposed of giving liberty to the petitioners to avail the appropriate alternative remedy.
ii. Till the decision is taken by the respondents, the interim arrangement that is going on with regard to the maintenance of the apartment by the builder i.e. respondent No.3 shall continue.
iii. All the contentions are left open to both the parties.
iv. All I.As. in this petition shall stand closed.
SD/-
(LALITHA KANNEGANTI)
JUDGE
PKN List No.: 1 Sl No.: 39
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2/ THE REGISTRAR OF CO-OPERATIVE SOCIETIES NOT TO REGISTER A CO-OPERATIVE SOCIETY TO MAINTAIN AND MANAGE THE RESIDENTIAL APARTMENT COMPLEX KNOWN AS THE KEERTHI ROYAL PALMS AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
The present writ petition is filed seeking the following prayer:
"Wherefore, it is most humbly prayed that this Hon'ble Court may be pleased to :
a) Issue a writ of prohibition directing the Respondent No.2/The Registrar of Cooperative Societies not to register a Cooperative Society to maintain and manage the residential apartment complex known as the Keerthi Royal Palms, also
b) Issue a direction or order to the Respondent No.3/builder to enable the formation of an Association under the Karnataka Apartment Ownership Act, 1972 as mentioned in the Conveyance Deeds.
c) Grant such other reliefs that this Hon'ble Court deems fit to grant in the circumstances of the case, to the petitioners, in the interest of justice."
It is the case of the petitioners that petitioner Nos.1 and 10 are the apartment owners of the apartment unit known as "Keerthi Royal Palms". The builder/respondent No.3 has constructed the apartment consisting of 378 units based on the Joint Development Agreement and most of the apartment units have already been sold and are occupied by the unit owners. It is submitted that as per the sale deed executed in favour of the unit owners including the petitioners, the builder/respondent No.3 has undertaken to form an association under the Karnataka Apartment Ownership Act,1972 (for short 'the Act,1972'). It is stated that as per the same, they have to form an association. The actions not only contravene the law, but also contrary to the clauses stipulated in the registered sale deed entered into between builder/respondent No.3 and the apartment owners including the petitioners. The petitioners after realising the above steps taken by some of the apartment owners towards registering a co-operative society, sent an email dated 22.04.2023 and thereafter, a registered letter dated 14.05.2023 on behalf of the petitioners and finally another email dated 01.06.2023 to the builder/respondent No.3, expressing their grave concern regarding the formation of a co-operative society in their private property i.e. within the Keerthi Royal Palms Apartment Complex and requesting the builder to take measures to form an apartment association under the provisions of the Act, 1972. However, the petitioner did not receive any response from respondent No.3/builder. Thereafter, the petitioner has issued a legal notice dated 21.06.2023 in furtherance of the written communication dated 14.05.2023, reminding the builder/respondent No.3 to take prompt action towards forming an Apartment Owners association under the Act,1972 as promised in the registered sale deed and to stop any attempts towards registering a Co- operative society under the Kanataka Co-operative Societies Act, 1959 (for short 'the Act, 1959') or any other society under any other Act.
It is stated that the builder/respondent No.3 replied to the legal notice through a reply notice dated 03.07.2023 by stating clearly that the builder/respondent No.3 has no objection towards assisting the apartment owners in formation of an association, but on the other hand, the builder/respondent No.3 issued an NOC in favour of formation of a Co-operative society to the few members. It is stated that the approval of respondent Nos.1 and 2, a few of the owners along with the builders have started collecting the funds towards forming a Co-operative society. It is stated that as per the final verdict of the High Court of Karnataka in CRP No.96/2021 C/w CRP No.64/2021 dated 08.09.2021, the High Court has held that if the apartment complex is used for residential pur
