M/S Sobha Limited vs The Deputy Registrar Of Co-Operative Societies And Appellate Authority, Zone-I And Others

Headnote AI-drafted · Reviewed and approved

The petitioner, M/S Sobha Limited, a real estate developer, challenged the registration of respondent No.3, Sobha HRC Pristine Apartment Owners Co-operative Society Ltd, under the Karnataka Co-operative Societies Act, 1959, and the appellate order dated 07.02.2024 passed by the Deputy Registrar. The petitioner contended that the project was governed by the Karnataka Apartment Ownership Act, 1972, under which a Deed of Declaration and bye-laws for an Owners Association had already been duly executed and filed, rendering the registration of the Society illegal and contrary to the objects of the KCS Act.

The petitioner alleged that respondent No.3's Society was registered on the basis of misleading and suppressed facts by a handful of promoters comprising only 30 to 40 out of 395 unit owners, and that the bye-laws adopted by the Society were contrary to the objectives of the co-operative movement. It was further alleged that the appellate authority disposed of the appeal without affording any meaningful hearing to the parties, thereby violating the principles of natural justice.

The High Court of Karnataka took up the writ petition filed under Articles 226 and 227 of the Constitution of India seeking quashing of the registration certificate dated 06.09.2023 and the appellate order dated 07.02.2024, and reserved the matter for pronouncement after hearing on 07.01.2026.

Catchwords: co-operative society registration · Karnataka Co-operative Societies Act · Karnataka Apartment Ownership Act · real estate developer · apartment owners association · principles of natural justice · writ of certiorari · RERA · Deed of Declaration · bye-laws · appellate authority