Next > IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.34660 OF 2017 & 35719-35724 OF 2017 (GM-KSR) BETWEEN:
1. MR. PRAVEEN PRAKASH S/O. SHRI. B.L. VISHWAKARMA, AGED ABOUT 37 YEARS, RESIDING AT A-204, VDB CELADON HOUSING COMPLEX, SHIVANNAHALLI VILLAGE, YELAHANKA HOBLI, YELAHANKA TALUK, BANGALORE-560 064.
2. MR. NARASIMHA SWAMY S/O. LATE VEDALA SIMHADRI, AGED ABOUT 35 YEARS, RESIDING AT A-401, VDB CELADON HOUSING COMPLEX, SHIVANNAHALLI VILLAGE, YELAHANKA HOBLI, YELAHANKA TALUK, BANGALORE-560 064.
3. MR. NARESH PRASAD. P S/O. SHRI. A. KUMARAN NAIR, AGED ABOUT 43 YEARS, RESIDING AT A-403, VDB CELADON HOUSING COMPLEX, SHIVANNAHALLI VILLAGE, YELAHANKA HOBLI, YELAHANKA TALUK, BANGALORE-560 064.
4. MR. VIVEK NAIR S/O. SHRI. G.C. NAIR, AGED ABOUT 34 YEARS, RESIDING AT A-102, VDB CELADON HOUSING COMPLEX, SHIVANNAHALLI VILLAGE, YELAHANKA HOBLI, YELAHANKA TALUK, BANGALORE-560 064.
5. MR. G. SURIYA NARAYANAN S/O. LATE R. GOPALA KRISHNA IYER, AGED ABOUT 51 YEARS, RESIDING AT B-404, VDB CELADON HOUSING COMPLEX, SHIVANNAHALLI VILLAGE, YELAHANKA HOBLI, YELAHANKA TALUK, BANGALORE-560 064.
6. MR. S. K. TEJASWI S/O. SHRI. K. SUBRAMANYA, AGED ABOUT 32 YEARS, R/AT VDB CELADON HOUSING COMPLEX, SHIVANNAHALLI VILLAGE, YELAHANKA HOBLI, YELAHANKA TALUK, BANGALORE-560 064.
7. MR. SREENIDISH. C S/O. SHRI. V.C. PADMANABHAN NAIR, AGED ABOUT 41 YEARS, REPRESENTED BY THE POWER OF ATTORNEY HOLDER, MR. VINOD KAMMANA, FATHER-IN-LAW OF MR. SREENIDHISH .C, RESIDING AT THOTTATHIL HOUSE, IRINGAL (P.O), VATAKARA, KOZHIKODE (DISTRICT), KERALA-673 521.
(By SRIYUTHS G SURYA NARAYAN & J ARAVIND BABU ADVS.) … PETITIONERS AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS REGISTRAR, DEPARTMENT OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, BANGALORE-560 052.
2. THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES II ND FLOOR NO.32, KARNATAKA STATE CO-OPERATIVE FEDERATION, RACE COURSE ROAD, BANGALORE-560 001.
3. THE DISTRICT REGISTRAR OFFICE OF THE REGISTRAR OF SOCIETIES, NO.3, MARUTHI PLAZA, 2ND FLOOR, 2ND MAIN ROAD, VYALIKAVAL, BANGALORE-560 003.
4. VDB CELADON APARTMENT OWNERS ASSOCIATION REPRESENTED BY ITS PRESIDENT, VDB CELADON, SHIVANAHALLI VILLAGE, YELAHANKA HOBLI, YELAHANKA, BANGALORE-560 064.
(By Mr. Y.D. HARSHA AADV. FOR R1-R3.
Mr. K.L. SHREENEVASA ADV., FOR R4 (ABSENT)) - - -
… RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS ALLOW THE WRIT PETITION AND QUASH THE REGISTRATION GRANTED VIDE REGISTRATION NO.258/15-16 ON 17.12.2015 VIDE ANNEXURE-B BY R-3 THE REGISTRAR OF SOCIETIES GANDHINAGAR, BANGALORE TO R4 VDB CELADON APARTMENT OWNERS ASSOCIATION (VDBCAOA) VIDE ANNEXURE-B AND ETC., THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.G.Surya Narayan, learned counsel for J.Aravind Babu leaned counsel for the petitioners.
Sri.Y.D.Harsha, learned counsel for the respondent. Nos. 1 to 3.
2. The writ petitions are admitted for hearing.
With consent of the parties, the same are heard finally.
3. In these petitions, the petitioners inter alia have sought for a writ of certiorari for quashment of the registration granted by respondent No.3 i.e., the Registrar of Societies, respondent No.4 i.e., VDB CELADON, Apartment Owners Association.
4. Facts giving rise to filing of the petitions briefly stated are that the petitioners are the owners of Apartment in VDB CELADON, Residential Complex situate in Yelahanka Hobli , Bangalore which have been developed by M/s Value Designbuild Private Limited, a Company incorporated under the Companies Act,1956. The petitioners have filed a suit viz., O.S.No.7911/2015 before the Trial Court against the builder cum developer praying for temporary and permanent injunction. In the aforesaid civil suit, respondent No.4 as impleaded as a necessary party by order dated 16.02.2017. It appears, during the pendency of the suit, the VDB Celadon, Apartment Owners Association submitted the documents with the Registrar of Societies or registration under the Karnataka Societies Registration Act, 1960 (hereinafter referred to as ‘Societies Act’ for short). On the basis of the aforesaid application by the impugned order the aforesaid association has been registered under the provisions of the said Act. In the aforesaid factual background the petitioners has approached this Court.
5. Learned counsel for the petitioners submitted that the impugned order is perceived without jurisdiction as the Association ought to have registered under the Provisions of Karnataka Apartment Ownership Act, 1972 (herein after referred to as ‘the Act’ for short) and respondent No.3 has no authority to register the respondent No.4 under the provision of the Societies Act. Learned Additional Government Advocate was unable to point out any provisions under which the aforesaid association can be registered under the Societies Act.
6. I have considered the submissions made by learned counsel for the parties. Since, respondent No.4 is a Association of the owners of flat situate in a apartment for which a specific enactment viz., Karnataka Apartment Ownership Act, 1972 Has been enacted. Therefore, the Registration of the Association if any has to be made under Section 3 of the Karnataka Societies Act. It is well settled in law that a specific provision of law will always override the general provisions of law. Since the specific provisions as made by the registrar. Therefore, respondent No.4 assertion ought to have registered under Karnataka Apartment Ownership Act,1972.
7. In the result, the impugned order dated 17.12.2016 is hereby quashed and set aside with a liberty to respondent No.4 to take action under Section 3 of the Karnataka Societies Registration Act,1960.
Accordingly, these writ petitions are disposed of.
Sd/- JUDGE SS W.P.No.34660/2017 (GM-KSR) And W.P.Nos.35719-35724/2017 Next >