- 1 - NC: 2025:KHC:5797 WP No. 11792 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 11792 OF 2020 (GM-KSR) BETWEEN: M/S. SUMADHURA ANANTHAM APARTMENT OWNERS ASSOCIATION, REGISTERED UNDER THE KARNATAKA APARTMENT OWNERSHIP ACT, 1972, SUMADHURA ANANTHAM, NO.113/1, MANIPAL COUNTY ROAD, SINGASANDRA, BANGALORE-560 114, REPRESENTED BY ITS AUTHORISED SIGNATORY, SHRIHARI DEVJI. …PETITIONER (BY SRI. MITHUN.G.A., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, NO.146, "SAHAKARA SOUDHA", 2ND FLOOR, 8TH CROSS, 3RD MAIN, MARGOSA ROAD, MALLESWARAM, BANGALORE-560 003. 2. THE DISTRICT REGISTRAR, THE REGISTRAR OF CO-OPERATIVE SOCIETIES, ZONE-III, BANGALORE URBAN DISTRICT, BANGALORE-560 002. 3. THE SENIOR SUB-REGISTRAR, NO.1105/9C 1ST FLOOR, BEGUR ROAD, ABOVE CANARA BANK, BENGALURU-560 068. Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5797 WP No. 11792 of 2020 4. SRI. B.N.NAVEEN KUMAR S/O LATE S.M.NARAYANSWAMY, AGED ABOUT 42 YEARS, R/AT FLAT NO.320, SUMADHURA ANANTHAM APARTMENTS MANIPAL COUNTY ROAD, SINGASANDRA, BANGALORE-560 114. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR., AGA FOR R1 TO 3; SRI. VINAY KUMAR.G.S., ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Mithun.G., counsel for the petitioner, Sri.Mahantesh Shettar., AGA for respondents 1 to 3 and Sri.Vinay Kumar.G.S., counsel for respondent No.4 have appeared in person. 2. The Cancellation of Deed of Declaration is called into question in this Writ Petition on several grounds as setout in the Memorandum of Writ Petition. 3. Counsel for the respective parties urged several contentions. 4. Counsel for the petitioner in presenting his arguments strenuously urged that upon the recommendation - 3 - NC: 2025:KHC:5797 WP No. 11792 of 2020 by the Deputy Registrar of Co-operative Societies, the Senior Sub-Registrar cancelled the deed of declaration. He argued by saying the cancellation is opposed to the principles of natural justice. Counsel therefore, submits that an appropriate order may be passed. Counsel for respondent No.4 urged several contentions and submits that the petitioner has no locus to file the Writ Petition. AGA fairly submits that the recommendation and cancellation of deed of declaration has been made without according an opportunity to the petitioner. Hence, an appropriate order may be passed. 5. Heard the arguments and perused the Writ papers with care. 6. It is noted that the Senior Sub-Registrar has canceled the deed of declaration without according an opportunity to the petitioner. The same is opposed to the principles of natural justice. Hence, the cancellation is bad in law. Therefore, this Court deems it proper to quash the cancellation order. - 4 - NC: 2025:KHC:5797 WP No. 11792 of 2020 7. The Writ of Certiorari is ordered. The Cancellation is set-aside. The officer concerned is hereby directed to restore the Deed of Declaration in the file. 8. Resultantly, the Writ Petition is allowed. SD/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 40