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2025 DAILYLAW 23168 (KAR)

VIPIN KUMAR GOYAL v. REGISTRAR OF CO OPERATIVE SOCIETIES

WP/10831/2025 · 2025-04-24

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:16961 WP No. 10831 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 10831 OF 2025 (GM-RES) BETWEEN: VIPIN KUMAR GOYAL S/O LATE NARAYAN DAS GOYAL AGED ABOUT 61 YEARS N/O A-4/126, PASCHIM VIHAR NEW DELHI – 110 063 MOB: 9899646695 EMAIL: harshitgoyallegal@gmail.com …PETITIONER (BY SMT. AMULYA ANIL, ADVOCATE) AND: 1. REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF REGISTRAR OF CO-OPERATIVE SOCIETIES, ALI ASKER ROAD VASANTH NAGAR, BENGALURU – 560 052 REPRESENTED BY ITS REGISTRAR PHONE NO. 080-22252036 EMAIL: rcs-ka@nic.in, regcodept@gmail.com. 2. RAJAPURA HOMES PRIVATE LIMITED (FORMERLY KNOWN AS M/S. DLF HOMES RAJAPURA PRIVATE LIMITED) PRIVATE COMPANY LIMITED BY SHARES UNDER THE COMPANIES ACT, REGISTERED OFFICE AT H-294 Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:16961 WP No. 10831 of 2025 PLOT NO.2A, FIRST FLOOR KEHAR SINGH ESTATE, SAIDULAJAB LANE NO.2, NEW DELHI – 110 030 REPRESENTED BY ITS DIRECTOR MR. NIKHIL PRADEEP JALAN. 3. THE STATE OF KARNATAKA PRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION ROOM NO. 618, 06TH FLOOR, M.S. BUILDING BENGALURU - 560 001. …RESPONDENTS (BY SRI MOHAMMED JAFFAR SHAH, AGA FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING R1 TO DISPOSE THE REPRESENTATION DATED 05/03/2025 SUBMITTED BY THE PETITIONER TO THE R1 ON 06/03/2025 (ANNX-A) AND ISSUE NO DUES CERTIFICATE IN RESPECT OF MAINTENANCE DUES OF APARTMENT NO. MHE-041, DLF MAIDEN HEIGHTS SITUATED AT RAJAPURA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE URBAN DISTRICT - 560105. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayers: "a) Issue a writ of mandamus directing Respondent No.1 to dispose the representation dated 05.03.2025 submitted by the petitioner to the respondent No.1 on 06.03.2025 (Annexure A) and - 3 - NC: 2025:KHC:16961 WP No. 10831 of 2025 issue No-Dues Certificate in respect of Maintenance Dues of Apartment No MHE-041, DLF Maiden Heights situated at Rajapur Village, Jigani Hobli, Anekal Taluk, Bangalore Urban District - 560105. b) Pass any other order in the interest of justice and equity." 2. Heard Smt. Amulya Anil, learned counsel appearing for the petitioner and Shri Mohammed Jaffar Shah, learned Additional Government Advocate appearing for respondents No.1 and 3. 3. The facts in brief germane are as follows: The petitioner claiming to be aggrieved by the action of the first respondent - Registrar of Co-operative Societies in not disposing the petition before him and also non-issuance of no dues certificate in respect of the subject property. The petitioner is said to be allotted the scheduled property in the apartment complex on 13.10.2017. The petitioner is said to have cleared the total consideration of Rs.50,07,151/- in favor of the second respondent. The possession of the property notwithstanding the clearance was not handed over. The property was previously maintained by the Maiden Heights Apartments Owners Welfare Association and is presently maintained by the second respondent. The petitioner entered - 4 - NC: 2025:KHC:16961 WP No. 10831 of 2025 into an agreement of sale on 27.02.2025 with a third party and the mandate was that a no objection certificate of the property should be furnished by the petitioner. Seeking the said no objection certificate/no dues certificate, the petitioner submits a representation on 05.03.2025 before the first respondent. The representation has not yet met its consideration. It is therefore, the petitioner is at the doors of this Court. 4. Shri Mohammed Jaffar Shah, learned Additional Government Advocate appearing for the State would submit that if reasonable time is granted, the representation of the petitioner would meet its consideration, in accordance with law by passing appropriate orders. 5. In the light of the said submission, a deeper delving into the matter would not be required. It would suffice for the present, if a direction is issued to the first respondent to dispose the representation of the petitioner by answering the purpose for which it is submitted by passing necessary orders, in accordance with law, within two weeks from the date on which the copy of the order is uploaded on to the website of the High Court or furnishing of the copy by the petitioner. - 5 - NC: 2025:KHC:16961 WP No. 10831 of 2025 With the aforesaid observations, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 32 CT:SS