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2025 DAILYLAW 87649 (KAR)

SRI. R CHANDRASHEKAR v. STATE OF KARNATAKA

WP/21731/2025 · 2025-08-20

B M Shyam Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32305 WP No. 21731 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 21731 OF 2025 (GM-KSR) BETWEEN: SRI. R CHANDRASHEKAR S/O. RAMAMURTHY, AGED ABOUT 67 YEARS, RESIDING AT B BLOCK, FLAT NO. 3E, 3RD FLOOR, NO. 30/2B/76, SOUTH END C MAIN ROAD, (26TH MAIN) NEAR RAGIGUDDA TEMPLE, 9TH BLOCK, JAYANAGAR, BANGALORE-560 069. …PETITIONER (BY SRI. MALATESH S R., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE SOCIETIES, VIKASA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560 001, REP. BY ITS SECRETARY. 2. DISTRICT REGISTRAR BANGALORE URBAN DISTRICT CENTRAL ZONE, OFFICE AT NO. 146, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32305 WP No. 21731 of 2025 SAHAKARA SOUDHA BUILDING, 3RD MAIN ROAD, 8TH CROSS, MARGOSA ROAD, MALLESHWARAM, BANGALORE-560 003. 3. M/S. KEDIA MANSION APARTMENTS OWNERS WELFARE ASSOCIATION (REGD.) A BLOCK, NO. 30/2B/76, SOUTH END C MAIN ROAD, (26TH MAIN) NEAR RAGIGUDDA TEMPLE, 9TH BLOCK, JAYANAGAR, BANGALORE-560 069. REPRESENTED BY ITS SECRETARY. REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT 1960. …RESPONDENTS (BY SRI.SHAMANTH NAIK., HCGP FOR R1 AND R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND ALLOW THE PETITION BY QUASH THE ORDER REGISTRATION VIDE ITS REGISTERED NO. DRB-C/SOR/91/2011-12 DATED 27.07.2011 ISSUED BY THE R-2 i.e THE DISTRICT REGISTRAR OF SOCIETIES BENGALURU URBAN PRODUCED AT ANNX-F; ISSUE A WRIT OF MANDAMUS TO THE REGISTRAR OF THE CO OPEATIVE SOCIETY / R-2 TO CONSIDER THE OBJECTIONS/ LETTER FILED BY THE PETITIONER AT ANNX-J DTD. 29.12.2021 - 3 - HC-KAR NC: 2025:KHC:32305 WP No. 21731 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner, a member of an apartment owners welfare association [the third respondent] with his wife owning an apartment in the complex known as 'Kedia Mansion Apartments', has sought for cancellation of the Welfare Association under the Karnataka Societies Registration Act, 1960. Sri Malatesh S R, the learned counsel for the petitioner, submits that this Court must intervene with the registration of the Association as a 'Society', amongst others, for reasons that [a] the Welfare Association ought to have been registered under the Karnataka Apartment Owners Act, 1972. [b] the petitioner has filed repeated representations with the Society to call for - 4 - HC-KAR NC: 2025:KHC:32305 WP No. 21731 of 2025 General Body Meeting and to furnish documents, [c] the petitioner has also filed an application with the second respondent who has only issued the Endorsement dated 23.05.2022 informing the petitioner that the Association has filed its annual returns regularly and that the petitioner, if he has any grievance, must pursue his remedy in terms of the Bye-laws. Sri Shamanth Naik, the learned High Court Government Pleader, who is called upon to accept notice for the first and second respondents is heard in the light of the afore, and to answer the question whether this Court must intervene under Article 226 of the Constitution of India. Significantly, the petitioner has not impugned the Endorsement dated 23.05.2022, and even otherwise, the petitioner must avail remedy as is - 5 - HC-KAR NC: 2025:KHC:32305 WP No. 21731 of 2025 permissible, must approach the civil Court for adjudication of his rights in the light of the allegations that he proposes to canvass, and there is no occasion and there is no reason for this Court's interference. As such, subject to all just exceptions, the petition stands disposed of. Sd/- (B M SHYAM PRASAD) JUDGE AN/-