IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD W.P.No.10956 OF 2015(GM-KSR) BETWEEN:
Sri Naveen Sarogi, S/o.Srikishan Sarogi, Aged about 44 years, R/at No.1102 & 1103, Pride Regalia Apartment, 80/3, Bannerghatta Main Road, Hulimavu, Bangalore – 560 076. … Petitioner (By Smt.K.R.Mamatha, Advocate for Sri N.Sriram Reddy, Advocate) AND:
1. The Secretary, Department of Revenue, Vidhana Soudha, Bangalore – 560 001.
2. The District Registrar of Societies, Bannerghattta Village, Opp. Police Station, Bannerghatta, Bangalore – 560 083.
3. The Secretary, Pride Regalia Owners’ Association, 80/3, Bannerghatta Main Road, Hulimavu, Bangalore – 560 076.
4. Mr.Sandeep Age: Major, R/at Flat No.105, Pride Regalia Apartment, 80/3, Bannerghatta Main Road, Hulimavu, Bangalore – 560 076.
5. Mr.Gopinath, Age: Major, R/at Flat No.403, Pride Regalia Apartment, 80/3, Bannerghatta Main Road, Hulimavu, Bangalore – 560 076.
6. Mr.Bansal, Age: Major, R/at Flat No.603, Pride Regalia Apartment, 80/3, Bannerghatta Main Road, Hulimavu, Bangalore – 560 076.
7. Mr.Uthappa, Age: Major, R/at Flat No.605, Pride Regalia Apartment, 80/3, Bannerghatta Main Road, Hulimavu, Bangalore – 560 076.
8. Mr.Ashish, Age: Major, R/at Flat No.406, Pride Regalia Apartment, 80/3, Bannerghatta Main Road, Hulimavu, Bangalore – 560 076.
9. Mr.Ganesh Premsankar, Age: Major, R/at Flat No.202, Pride Regalia Apartment, 80/3, Bannerghatta Main Road, Hulimavu, Bangalore – 560 076.
10. Mr.Pradeep Kumar, Age: Major, R/at Flat No.504, Pride Regalia Apartment, 80/3, Bannerghatta Main Road, Hulimavu, Bangalore – 560 076. ... Respondents (By Smt.Niloufer Akbar, AGA for R1 & R2:
Sri B.N.Ananthanarayana, Advocate for R3 to R6, R9 and R10) This writ petition is filed under Articles 226 & 227 of the Constitution of India praying to direct R2 to conduct an enquiry into the affairs of the society and punish R4 to R10 as per the provisions of the Karnataka Societies Registration Act, 1960 and etc.
This writ petition, coming on for preliminary hearing ‘B’ Group, this day, the Court, made the following:
ORDER This writ petition is filed seeking a direction to respondent No.2 to conduct an enquiry into the affairs of the third respondent Society.
2. The petitioner is the owner of Plot Nos.1102 and 1103 of Pride Regalia Apartments, Bannerghatta Road, Hulimavu, Bangalore. The apartment has an association by name ‘Pride Regalia Owners Association’. It is formed in accordance with the Karnataka Societies Registration Act. The petitioner is the member of the said Association. The Association was registered in the year 2010 and it has its own bye-laws. As per the bye- laws, election to the office bearers of the Association has to be conducted once in a year. The third respondent being the Secretary of the Association has to submit all the copies of the proceedings to the District Registrar along with the accounts of the Association. The complaint of the petitioner is that the Association has not conducted the General Body Meeting of the Association as per the bye-laws. Therefore, petitioner has sent legal notice to the Association and a copy has been sent to the District Registrar, Bannerghatta Village, Bangalore to take action against the Association as per the provisions of the Karnataka Societies Registration Act. Inspite of that, no action has been taken.
3. What is produced by the petitioner at Annexure-C is a legal notice issued to the Secretary of the Association. There is no representation given by the petitioner to the District Registrar. Therefore, the petitioner is given liberty to give the representation along with the relevant documents to the District Registrar of the Societies, Bannerghatta Village, Bangalore – second respondent herein within four weeks from the date of receipt of a copy of this order. If such a representation is submitted, the same shall be considered by the second respondent in accordance with law, within eight weeks from the date of receipt of a copy of this order.
This petition is accordingly disposed of.
Sd/- JUDGE Cm/-