REKHA KANNAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners are seeking a writ of mandamus directing respondent No.2-Deputy Registrar of Co-Operative Societies (DRCS) to consider the representation dtd. 6/9/2024 at Annexure-A, to quash the impugned order of Registration of respondent No.4-Ramky One North Apartment Owners Co-Operative Society (hereinafter referred to as 'the society' for short) and for further reliefs.

(2.) Facts given rise to filing of this petition briefly stated are that:

(3.) Learned counsel for the petitioners submits that Formation and Registration of Society is contrary to law. She contends that under the Real Estate (Regulation and Development) Act, 2016 ('RERA Act' for short) it was the statutory obligation of the developer to facilitate the Formation of the owners Association in accordance with the Karnataka Apartment Ownership Act, 1972 (hereinafter referred to as 'KAO Act' for short). In the case of residential Apartments, such Association must be formed and registered as envisaged under the KAO Act. Reliance is placed on the decision of the Division Bench of this Court in the case of Proposed Starnest Apartment Owners Co-operative Society Ltd. Vs. State of Karnataka and others[W.A. NO.564/2024 D.D. 18/6/2024] (Starnest Apartment), wherein it was held that in residential Apartment projects, Formation of an Association under the KAO Act is mandatory. Accordingly, it is submitted that the Registration of the Society by respondent No.2 under the provisions of Karnataka Co-Operative Societies Act, 1959 ('KCS Act' for short) is one without jurisdiction and unsustainable in law.