Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:26954 WP No. 12939 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 12939 OF 2026 (GM-RES) BETWEEN:
MR AMRIT TRIPATHI AGED ABOUT 31 YEARS K-051, DLF MAIDEN HEIGHTS, RAJAPURA VILLAGE, JIGANI HOBLI ANEKAL TALUK, BENGALURU 560105
…PETITIONER (BY SRI. AMRIT TRIPATHI, PARTY-IN-PERSON)
AND:
1.
STATE OF KARNAAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION ROOM NO. 618, 6TH FLOOR MS BUILDING, BANGALORE 560001
2.
THE REGISTRAR OF CO-OPERATIVE SOCIETIES NO. 1, ALI ASKER ROAD, BENGALURU 560052.
3.
THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES BANGALORE URBAN ZONE-3 NO. 146, SAHAKARA SOUDHA 8TH CROSS ROAD, 3RD MAIN MARGOSA ROAD, MALLESHWARAM, BANGALORE – 560003
4.
THE ASSISTANT REGISTRAR / PAYMENT MAKING AUTHORITY (PMA) APPOINTED FOR MAIDEN HEIGHTS APARTMENTS, O/O THE DEPUTY REGISTRAR OF
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:26954 WP No. 12939 of 2026
CO-OPERATIVE SOCIETIES, BENGALURU URBAN ZONE-3, MALLESHWARAM, BENGALURU -560003.
…RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH., AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF PROHIBITION/CERTIORARI QUASHING THE UNILATERAL AND ARBITRARY IMPOSITION OF 18PERCENT COMPOUND INTEREST ON MAINTENANCE ARREARS BY RESPONDENT NO. 4, DECLARING THE SAME AS ULTRA VIRES AND VIOLATIVE OF ARTICLE 300A OF THE CONSTITUTION, INSTEAD ALLOWING AN APPROPRIATE SIMPLE RATE OF INTEREST IN ACCORDANCE WITH ESTABLISHED LAW AND ETC.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The Petitioner is before this court seeking for the following reliefs:
1. Issue a Writ of Prohibition/Certiorari quashing the unilateral and arbitrary imposition at 18% compound interest on maintenance arrears (vide Annexure-H and Annexure-J) by Respondent No.4, declaring the same as ultra vires and violative of Article 300A of the Constitution, instead allowing an appropriate simple rate of interest in accordance with established law; (where Annexure-H is the invoice applying 18% compound interest & Annexure-J confirms it was issued by Respondent No.4)
2. Issue a Writ of Mandamus directing the Respondent No. 4 and the State machinery to cease arbitrary administrative road blocks and provide active, administrative facilitation to the apartment owners to execute the declarations required to achieve 100% consent for registration under the Karnataka Apartment
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HC-KAR NC: 2026:KHC:26954 WP No. 12939 of 2026
Ownership Act, 1972 as per orders in WP 34645/2024 (Annexure-C) and WP 6524/25 (Annexure-D);
3. Direct the immediate initiation of a time-bound Forensic and statutory Audit of the Private owner funds managed by Respondent No.4 for the Financial years ending March 2025 and March 2026, and if found, to take direct stringent action against vendors found in breach of residents’ private financial data; and
4. Pass such other final orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity.
2. What is being challenged is the interest on maintenance arrears levied by respondent No.4 on the ground that it is ultra vires.
3. If there is any issue as regards maintenance arrears, the same is required to be challenged before an appropriate civil forum, the writ petition would not be maintainable.
4. The petition is accordingly dismissed with liberty to approach the appropriate Civil forum.
5. Considering that it is a party-in-person, who has appeared in the matter, this Court refrains from imposing costs.
Sd/- (SURAJ GOVINDARAJ) JUDGE
LN List No.: 1 Sl No.: 69