- 1 - HC-KAR CNR: KAHC010445042023 NC: 2026:KHC:46673 WP No. 19372 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 19372 OF 2023 (GM-KSR) BETWEEN: MS. VEDHAVATI R AGED 39 YEARS FLAT NO. K 404, G.R. LAVENDER APARTMENT, J.P. NAGAR 8TH PHASE, BANGALORE - 560 076 MOBILE: 9986000084 …PETITIONER (BY SRI. ABHIJET SHARMA, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY THE REGISTRAR DEPARTMENT OF COOPERATIVE SOCIETIES NO. 1, ALI ASKER ROAD, BENGALURU - 560 052. 2. THE DISTRICT REGISTRAR, OFFICE OF THE REGISTRAR OF SOCIETIES ZONE 3, 2ND FLOOR, SAHAKARA SOUDHA, NO. 146, 8TH CROSS, 3RD MAIN ROAD, MARGOSA ROAD, MALLESHWARAM, BENGALURU - 560 003. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010445042023 NC: 2026:KHC:46673 WP No. 19372 of 2023 3. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES, ZONE 3, 2ND FLOOR, SAHAKARA SOUDHA, NO. 146, 8TH CROSS, 3RD MAIN ROAD, MARGOSA ROAD, MALLESHWARAM, BENGALURU- 560 003. 4. SGR BUILDTECH PVT. LTD., REGISTERED UNDER COMPANIES ACT 1956 NO. 142-143, 2ND FLOOR, GR PLAZA, DVG ROAD, BASAVANAGUDI, BANGALORE - 560 004 REPRESENTED BY ITS MANAGING DIRECTOR. 5. G.R. LAVENDAR OWNERS WELFARE ASSOCIATION NO. 87/8, 7TH PHASE, J.P. NAGAR BENGALURU - 560 076 REPRESENTED BY ITS PRESIDENT RESPONDENT NO.5 IS THE SOCIETY REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960 …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1 TO R3; SRI. C.S. PRASANNA KUMAR, ADVOCATE FOR R5; R4 IS SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE REGISTRATION OF THE R5 ASSOCIATION UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960 BEARING NO.JNR-S217-2012-13 DTD 20.03.2013 VIDE ANNEXURE-C AND ETC., - 3 - HC-KAR CNR: KAHC010445042023 NC: 2026:KHC:46673 WP No. 19372 of 2023 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner is before this Court raising the question regarding the validity or otherwise of registration of respondent No.5-Association under the Provisions of the Karnataka Societies Registration Act, 1960. 2. Learned counsel for the petitioner appearing through video conferencing submits that the petitioner is the owner of a Flat bearing No.K-404 of GR Lavender Apartment, J.P.Nagar, Bengaluru, forming part of the residential Apartment Complex of which respondent No.5- Society/Association has been formed. Taking this Court through the bye-laws of the respondent No.5- Society/Association, produced at Annexure-C, he submits that the said bye-laws contemplate collection of funds under the heads, "sinking fund, deposits etc." and other charges and in furtherance of the said bye-laws, the - 4 - HC-KAR CNR: KAHC010445042023 NC: 2026:KHC:46673 WP No. 19372 of 2023 respondent No.5-Association has been raising demand notes calling upon the members, as that of the petitioner, to pay maintenance charges. He submits that in terms of the orders passed by the Division Bench of this Court followed by other Co-ordinate Benches, an Association as of respondent No.5 cannot be registered and maintained under the Societies Registration Act and the same is required to be registered under the provisions of Karnataka Apartment Ownership Act, 1972. Hence he seeks for allowing of the petition. 3. In response, learned counsel appearing for respondent No.5-Association appearing through video conferencing submits that an Administrator has been appointed in view of the allegations of financial irregularities. Therefore, respondent No.5 has no say in the matter. 4. Learned AGA submits that now a bill has been passed in the Assembly called as, The Karnataka - 5 - HC-KAR CNR: KAHC010445042023 NC: 2026:KHC:46673 WP No. 19372 of 2023 Apartment (Ownership and Management) Bill of 2026 which provides for registration of Association as that of respondent No.5 herein to cater to the needs of the members/owners of the Apartment Units. He submits that respondent No.5 be relegated to register under the said provision. 5. Heard and perused the records. 6. There is no dispute of the fact that respondent No.5- Association has been registered under the Karnataka Societies Registration Act, 1960 which has its own bye- laws as per Annexure-C, which provides for collection of funds from its members under various heads. There is also no dispute that, in furtherance to the said by-laws, respondent No.5- Association has been demanding and collecting monies under the head "maintenance charges. sinking fund etc." from its members. 7. The Division Bench of this Court in W.A.No.974/2019 and connected cases in the case of VDB - 6 - HC-KAR CNR: KAHC010445042023 NC: 2026:KHC:46673 WP No. 19372 of 2023 Celadon Apartment Owners Association v. Praveen Prakash and Others, disposed of on 06.11.2019, under identical fact and situation as that of this matter, while upholding the order passed by the Co-ordinate Bench of this Court cancelling the registration, had reserved liberty to the Association therein for formation and registration of Association/Condominium under the provisions of Karnataka Apartment Ownership Act, 1972. The said order has been followed by the Co-ordinate Bench of this Court in WP No.11833/2022 as well as in WP No.1685 of 2022 and connected petitions. 8. Since the issue raised in this petition is covered by series of orders passed by the Division Bench and the Co- ordinate Benches of this Court (supra), the following order is passed : ORDER i) Writ petition is allowed; - 7 - HC-KAR CNR: KAHC010445042023 NC: 2026:KHC:46673 WP No. 19372 of 2023 ii) Registration of respondent No.5 - Association as per Annexure-C is quashed; iii) Liberty is reserved to respondent No.5-Association to have itself registered either under the provisions of Karnataka Apartment Ownership Act, 1972 or under the Karnataka Apartment (Ownership and Management) Bill of 2026, as and when the same becomes effective. Sd/- (M.G.S. KAMAL) JUDGE rs List No.: 1 Sl No.: 26