- 1 - NC: 2025:KHC:1373-DB CCC No. 466 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN CIVIL CONTEMPT PETITION NO. 466 OF 2024 BETWEEN: 1. 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 NAGRA BENGALURU - 560 077 REPRESENTED BY ITS PRESIDENT MR. ABHISHEK HIREMATH …COMPLAINANT (BY SMT. BEENA P K, ADVOCATE) AND: 1. MANASA KRISHNAPPA THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES (ZONE-I) BANGALORE URBAN-1 NO.146, 1ST FLOOR, SAHAKARA SOUDHA, 3RD MAIN, MARGOSA ROAD, MALLESWARAM BENGALURU - 560 003 Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1373-DB CCC No. 466 of 2024 2. MR. MANJUNATH SINGH THE DISTRICT REGISTRAR OFFICE OF OFFICE THE REGISTRAR OF SOCIETIES, 3RD FLOOR, TRIUMPH TOWERS NO.48, CHURCH STREET, BENGALURU - 560 001 3. MR PRAKASH CHANDRA RAO ALUGGELU S/O GANGADHAR RAO ALUGGELU AGED ABOUT 45 YEARS FLAT NO.101, BLOCK C LILIUM GARDENIA 2ND CROSS ROAD, BDS LAYOUT, DR. SRK NAGAR, HEGDE NAGAR BENGALURU - 560 077 4. MR SRINIVAS RAO M S/O MR M RAO AGED ABOUT 46 YEARS FLAT NO.B006 LILIUM GARDENIA 2ND CROSS ROAD, BDS LAYOUT, DR. SRK NAGAR, HEGDE NAGAR BENGALURU - 560 077 5. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION ROOM NO.618, 6TH FLOOR M.S. BUILDING BENGALURU - 560 001 …ACCUSED (BY SMT. PRAMODHINI KISHAN, AGA FOR ACCUSED NOS.1, 2 & 5) - 3 - NC: 2025:KHC:1373-DB CCC No. 466 of 2024 THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, 1950, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED, WHO WILLFULLY AND DELIBERATELY DISOBEYED THE ORDER DATED 21.11.2022 PASSED BY THIS HON'BLE HIGH COURT OF KARNATAKA IN WRIT PETITION NO.16654 OF 2021 (GM- KSR) (ANNEXURE-A), BY ISSUING THE NOTICE DATED 17.01.2023 BEARING NO.DRB-1/Sa.Sam/Complaint/86-2022-33 (ANNEXURE-B) GIVING A DIRECTION TO THE COMPLAINANT TO FORM A CO-OPERATIVE SOCIETY CONTRARY TO THE ORDER PASSED BY THIS HON'BLE COURT AND TO FORM AN ASSOCIATION UNDER KARNATAKA APARTMENT OWNERSHIP ACT, 1972, ETC THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - NC: 2025:KHC:1373-DB CCC No. 466 of 2024 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned advocate Smt. P.K. Beena for the complainant and learned Additional Government Advocate Smt. Pramodhini Kishan for respondent Nos.1, 2 and 5 who appeared upon service of copy of the contempt petition in advance. 2. Learned Single Judge, by the order dated 21.02.2022, disposed of the group of the petitions to direct the petitioner- Welfare Association to register itself under the Karnataka Apartments Ownership Act, 1972. It was further provided that failing which, any amount which may have been collected by the petitioner would be unauthorised. 3. Post the order, it appears that a notice dated 17.01.2023 came to be issued by the District Registrar of Societies, 1st Zone, Bengaluru Urban District, whereby the petitioner and other - 5 - NC: 2025:KHC:1373-DB CCC No. 466 of 2024 Associations are required to take steps to register themselves afresh under the Karnataka Co-operative Societies Act, 1959. 4. The contempt as sought to be alleged is in respect of the direction in the order dated 21.11.2022, whereby the petitioner is to get register itself under the 1972 Act. 5. The contempt petition is misconceived inasmuch as there is no direction to the State authorities which can be enforced under the contempt jurisdiction. 6. If the complainant is aggrieved by what is contemplated and directed in the order dated 17.01.2023 (Annexure-B, page 34), it may avail independent remedy in accordance with law in respect of which this Court, however, does not express any opinion. 7. The present contempt petition is accordingly disposed of as not entertained. SD/- (N. V. ANJARIA) CHIEF JUSTICE SD/- (M.I.ARUN) JUDGE VMB, List No.: 1 Sl No.: 3