FB 520-A: Part 1 of 2: Upa-Lokayukta Suo Moto Investigations vide BCD/64/1999 in Karnataka Sate Judicial Department Employees Housing Co.op Society, Bangalore of irregularities, mal-practice, nepotism and corrupt activities .:- File Notings [Order Sheet] 90 pages. Up-Lokayukta BCD 64 1999 .doc being corrected as on 1 July.13:- ..........................https://facebook/digvijay.mote/media_set?set=a.521545151210571.121921.100000652710482&type=3................. Page: 00 Compt/Uplok/BCD/-64/99--2000 KARNATAKA GOVERNMENT LOGO [in Circle] …. Note Sheets:Cover Page Registrar Karnataka Lokayukta Office Multi Storyed Building, Dr. B.R. Amedkar Road, Bangalore-1 Note Sheets: KSJDEHB Co-op Page No. 01 KARANATAKA SATATE VIGILANCE COMMISSION Pet. No. Compt/Uplok/BCD/-64/99--2000 Date of Registration: 17.06.99 1. Name of Petitioner: Suo Moto Investigation Date of Petition: ….. 2. Nature of Petition: Place from which written: Signed / Pseudononmous/ /Anonymous Bangalore 3. Name/s of the AGO/s with Designation; (1) Secretary, Karnataka Sate Judicial Department Employees Housing Co.op Society, Bangalore. (2) Directors, Karnataka Sate Judicial Department Employees Housing Co.op Society, Bangalore. (3) The Chief Officer, Town Planning Municipality, Yelahanka. 4. Petition adressed to: ---- Nil ---- 5. Copies of Petition sent to: Hon’ble Upalokayukta. The allegations are as follows:- Page No: 02 Para 1 :-Complaint file No.Compt/uplok/BLD.6-2000, there is a sketch map which is out 3” x 3”. As per the oral instructions of Hon’ble ARE – 2, the same has to be got xeroxed and three copies has to be taken. The said map is in the file. Para 2:- On enquiry it is ascertained that such a big map cannot be xeroxed in our office xerox machine. Therefore, it has to be xeroxed outside, where such a big xerox can be done Para 3] Therefore, it is submitted that if approved, a note will be put up to DRA for making arrangements to get the said map Xeroxed, Sir ...Signed.. 27/11/99. Para – 04 : ARE-2: As per the instruction given by the Uplokayukta for needful action ...Sd... 27/11 Para – 05: DRA: Sri. Laxmikant is directed to get the xerox copies and cashier is directed to make payment of mentioned amount. Para No. 6: As per orders at Para 5 xerox copies of the Map is submitted for further action. Para No.7 DRA: zerox copies as directed are obtained and sent to ARE – 2 for further needful action. 8) Hon’ble ARE – 2 [ Here ends one File. Investigation File Notes Commence from Next pages with fresh Paragraph Numbers: this note is mentioned by Petitioner Mr. Mote] Page No: 4 Para 1. Taken up for suo-motu investigation. Para 2. The following irregularities, mal-practice, nepotism and corrupt activities on the part of the Directors of Karnataka State Judicial Department Employees Housing Co-operative Society Limited are highlighted in the hand bills. (1) Three acres twenty five guntas of land reserved for playground and land reserved for the swimming pool have been alienated. (2) The land reserved for the garden was converted into sites and sold to persons of their choice. (3) Sites were allotted illegally to persons who are relatives of the Directors though they were not members of the society. (4) Corner sites were sold to third persons, without making public auction, in violation of bye-law of the society. (5) Collection of 85 paise per square feet from the members of the society for making Khata not credited to the account of the society, misappropriating lakhs of rupees. (6) Though exorbitant amount was spent for providing electricity, no electricity connection was given to hundreds of houses till date. Page No: 5 (7) Execution of civil work was entrusted to persons of their choice, without calling tender. (8) The execution of the proposed layout work at Talaghattapura is entrusted to the private agent, in violation of bye-law of the society. (9) As per records, 7 lakhs of rupees were spent for digging 6 bore-wells, but no water facility has been provided to the residents of the layout. Para 3. The Handbills do not disclose the names of the Directors of the society. The society is registered under the Karnataka Co-operative Societies Act. Therefore, the Directors of the society are public servants as per Section 2(12) of the Karnataka Lokayukta Act. Para 4. The names of the members of Board of Directors are secured through the Annual report of the said society. Para 5) There are serious allegations against the secretary and members of Board of Directors, as such, there are verifiable materials. Therefore, it is desirable that copies of the handbills are sent to the secretary of the Co-operative society, for his comments in fifteen days. Submitted for kind perusal and orders. ...Signed.. 4/6/99 . (B.A. MUCHANDI). ARE - 2 6. Hon’ble Upalokayukta:- taken up for Suo-Moto Investigation Para 5 - Yes. Facing sheet in the prescribed form with names of the parties to be put up. Call on 08.07.1999. ...Signed... 4/6 7. ARE – 2 : To Register . 8. ARL(O) : Please register & put up. ..Sd.. 15/6/99 No. Compt / Uplok / BCD/64/99-2000 . 9. Case Worker: As per the orders of Hon’ble Lokayukta at Para – 6, Suo – Moto complaint is registered under the Jurisdiction of Hon’ble Upalokayukta. For kind further orders. ..Sd.. 17/6/99 10. O.S.: For kind orders regarding entrustment of this complaint for scrutiny. ….Sd.. 17/6 11. A.R.L.O (C.S) : The complaint has been registered for kind orders on entrustment of complaint for scrutiny. ….Sd... 17/6/99 12. Hon’ble Registrar: Complaint No.Compt/Uplok/BCD/64/99-2000 is entrusted to ARE – 2 for scrutiny. …...Signed ….. 17/6/99 Registrar K.L.A., Bangalore. 13. ARE – 2]: Call for comments as per para 5 N.F. 14. C/W] fair copies of the endorsement addressed to the secretary, Karnataka state Judicial Dept. Employee’s Co-Op. Societies, Bangalore, enclosing the for his comments, on or before 30.06.1999 are put up for signature, Sir. ….Sd.. 18/6/99 15. ARE – 2 ] Send ...Sd.. 18/6 16. Letter Date 30.06.59 bearing No. K.S.J. D.E.H.BCS/21/99-2000 to the secretary Karnataka State Judicial Dept. Employees co – operatives society the comments sent to this of office is put up for kind perusal, Sir. ..Sd.. 2/7/99 17. ARE- 2] The Respondent society has offered comments by is letter dt: 29.06.99 and by denying all the allegations contained in the printed pamphlets against the society. 18. It is further stated by them that the new Managing Committee can go in to all the aspects complained of and will soon be submitting a report. 19. The Respondent by his letter dt: 30.06.1999 has further requested to grant three months time to give reply in detail. 20. Considering the facts that a New Managing Committee has been elected a months time may be granted for offering the comments. 21. For Kind perusal and orders. ...Sd..5/7/99. Addl. Registrar Enq.2 22. Hon’ble Upalokayuktal ] para 20 – yes call on 02.09.1999 ….......Signed....8/7/99 23 ARE-2] Seen. Intimate ...Sd.. 9/7 24. c/w] fair copies of the endorsement addressed to the Respondents, extending time up to 13.8.99 to offer their comments, are put up for signature sir, Sd. 12/7/99 25. ARE-2] Send ….Sd.. 12/7 26) Letter Date 13.08.199 bearing No. K.S.J.D.E B.C.S/ … 99-2000 to the secretary Karnataka state Judicial Dept Employers co –operative society Ltd., Bangalore the endorsement to the Respondent sent to this ….... Illegible.... 27. ARE-2] The respondent society has offered its comments and has furnished copy of the proceeding dt: 30.05.1999 regarding its VII Annual Genl. Body Meeting held at the Karnataka state govt. Employees Association Building , Cubbon Park, Bangalore – 1. 28. The respondent society has denied the allegations leveled against it in the pamphlets contending that they are baseless and that they have not committed any illegality or irregularity and allegations are made only with intention to mis- lead the members and to get votes in the election. 29. It is further contended by the respondent society that the complaint pamphlets have already been answered and accepted by the general Body in its meeting held on 30.05.1999. 30. It is further stated by them that, two are the persons who have lodged complaints pamphlets have themselves been elected as members of the management committee. Lastly they have contended that all the matters will be considered in the policy decisions. 31. The respondent society has not specially offered their comments in respect of each of the allegations that has been made in the complaint pamplet. 32. The respondent society has not produced any documentary evidence in support of their contentions that they have not committed any illegality or irregularity and to prove that the allegations made against them are false. 33. Therefore in order to find out the truthfulness in the allegation made in the allegation made in the complaint pamphlets and in order to ascertain the correctness of comments offered by the respondent, following other documents are required to be called for from the respondent society, Registrar of co-operative societies, Bangalore, B.D.A and the Town Municipality, Yelahanka. The relevant documents and registers viz., a) List of members of the society. b) List of members to whom the sites are allotted c) List of members who have purchased the corner sites. d) Registrar and receipts regarding collection of money received from the members towards membership fees. Towards prices of the sites, betterment charges water, Land tax etc., e) Tenders given and bills paid for providing electricity and towards the execution of civil work. f) Approved plan of layout and order passed by the B.D.A. in respect of Yelanhanka/ Jakkur etc., layout. g) Tenders given and the bills etc regarding digging of six bore wells. h) The tender entrusted to private agent regarding execution of proposed layout work at Talaghattapura. Submitted for kind perusal and orders. …..Signed..... 28/8 ( B.A. MUCHANDI) .ARE-2 34. Honble Upalokayukta] Para 33 – yes Since Yelahanka Town Muncipality is the civic body for maintenance of parks / playgrounds / roads etc and Temple, formation of Layout in accordance with Plan approved, implead the Commissioner, Yelahanka Municipality as Respondents. Suo-moto investigation is Ordered as against him also. He has to be shown as additional Respondent in the Cause Title. Call on 30/9/99 ...Signed... .G.P 2/9/99. 35. ARE-2] Seen. Put up. ...Sd.. 3/9. 36. C/w] As per orders, endorsements addressed to respondent secretary of the Society & chief officer town municipality Yelahanka & letter to secretary B.D.A calling for the documents are out up for find perusal & signature sir., 37. ARE-2] Further perused order in para 34 N.F. Since yelahanka town municipality is a civic body for maintenance of park, Playground roads etc and ensure formation of layout in accordance with plan approved, it is added as respondent No.2 and cause title is amended. Issue notice to respondent No.2 and call for comments. ..Sd.. ( B.A. MUCHANDI) … ARE-2. 9/9/99 38. C/w) Fair copies of the endorsement addressed to the Respondent calling for his comments are put up, for Signature, Sir , ...Sd.. 10/9 39. ARE- 2] Send …..Signed... 10/9 40. C/W] Letter dated 20.9.99 from Secretary, Karnataka Sate judicial Depart Employeess HBCS is put for your information / perusal. Secretary in the said letter requested for two months time. ..Sd... 20/9/99 41] ARE -2] Discussed with Hon’ ble Upalokayukta [ Hand written ]. Discussed with Hon’ ble Upalokayukta. The request of the respondent for granting two months time for production of documents and records as called for cannot be said to be granted since the Asst. Registrar of Co- operative can take up inspection subsequently. Hence respondent society has to be directed to produce the documents and registers before 30th September 1999. ..Sd.. ( B.A. MUCHANDI). ARE-2. 20/9/99 42] C/w] Letter no. KSJDEHBCS/ 38/ 99-2000 dt: 30.09.1999 of the manager / secretary of the respondent soceity is for kind perusal. In their letter, The respondent soceity have requested for extention of one month time to submit their comments. For kind perusal & further orders, sir, ….Sd... 30/9/99 . 43. ARE – 2] The respondent has prayed for one month time to produce the records, since they have submitted all the relevant records to the Dept. of co –operation. So far, one months time has been granted to the Respondent to produce the documents. But, considering the fact that the records have been submitted to the Dept. of Co –operation fifteen days time may be granted to the respondent for production of all the relevant records and if they fall to produce the same within fifteen days then action as contemplated under the Act will have to be taken. Submitted for kind perusal and orders... Sd..30/9. ( B.A.MUCHANDI) ARE-2. Para No. 44 Hon’ ble Upalokayukta} Time extended till 22.10.1999 call on That day. Ascertain the particulars of the proceeding in which the dept of co-operation has taken the records for inspection. What about commissioner, yelahanka Municipality ? If has not responded summon him to appear before you to submit the particulars called for i.e., Layout Plan showing the Roads, Parks, play grounds & civic amenity sites call on 22.10.1999. ...Signed. -Sd- G.P 30/9 45. ARE-2] 46. Though the endorsement (asking for certain documents) dt: 06.09.1999, was received an 08.09.1999 and the endorsement dt:10.09.1999 has been received on 16.09.1999 by the chief officer Town Municipality Yelahanka, no reply has been received from them till to this date. Hence submitted for kind perusal & orders to inssue reminder to the chief officer, Town Municipality, Yelahanka sir., ...Sd... 7/10/99 47. ARE– 2] …. 48. C/w] Before taking steps to issue reminder, the letter dt: 04.10.1999 of the commissioner TMC, Yelahanka requesting for 15 days time to submit report and also letter dt: 08.10.1999 of town planner member BDA Bangalore has been received in this office. The letters are put up for kind perusal and further orders sir, ...Sd... 13/10/99 . 49. ARE-2] 50 ] The letter date on 15.10.1999 of the secretary Karnataka State Judicial Dep Employee HOuse Building co- operative soceity Lts. Bangalore has been relevant records received in this office the put up kind perusal and and orders. …..Sd... 20/10/99 51. ARE-2] The Town Planner Member, B.D.A Bangalore by his letter dt: 07/8.10.99 has informed that the (a) B.D.A. had not issued any approved layout plain in favour of Karnataka State Judicial Dept. Employee Housing Co – op- society in Yelahanka Jakkur etc. and as such there is no question of issuing sanction plain in favour of said society (b) there was no order for having handed over this layout to Municipal Council since the layout has not been approved by B.D.A (said letter is placed on record, for kind perusal). 52. The Commissioner, Town Municipal Council, Yelahanka through his letter dt: 04.10.99 has requested for grant of fifteen days time said letter is placed on record for perusal. If approved some time may be granted though the time has been lapsed. 53. The Secretary, Karnataka State Judicial Dept. Employee’s House Building Co – op. Soceity by his letter dt: 15.10.99 has produced the following: 1) Copy (extract) of the list of members 2) Copy of the members to whom the sites were allotted 3) List of members who have purchased the corner sites. 4) Regarding the Register, Receipts regarding collection of money are mentioned in the list extract. 5) The Society has not collected any deposit from the members separately for betterment charges , water and land tax etc. Para 54. 1) The Soceity has not produced the original records and registers. 2) The copies produced in this case have not been duly certified. 3) The Copies produced in this case appear to be incomplete and incorrect. 4) The Society has also failed to give particulars of the proceeding in which the dept. of co- operation has taken the records for inspection inspite of specific direction given to them in endorsement dt 06.09.1999. Para 55) Therefore, the society will have to be directed to produce all the original registers documents and receipts etc., and if they fall to produce the same, search warrant as contemplated U/S 10 will have to be issued for seizure of above mentioned registrar, documents, receipts etc. to proceed further in this case. Submitted for kind perusal and orders. (B.A. MUCHANDI). ARE- 2 . 21/10 56. Hon’ble Upalokayukta : Pl speak on 27/10/99 . Sd … GP … 22/10 Para 57. ARE-2] Discussed as per order in pairs 56 n.f. 58) As observed by the Hon’ble Upalokayuta, the respondet soceity have not furnished plan regarding layout. The B.D.A. has also not sent the layout plan. Therefore as per direction of Hon’ble Upalokayuka a notice will have to be issued to the respondent society calling upon them to produce layout plan within 7 days without fail or else the seizure warrant will be issued and president and secretary of the society will have to appear before the Hon’ble Upalokayukta. 59) The Commissioner City Municipal Council, Yelahanka be directed to offer his comments within 7 days from the date of this order. -Sd- (B.A. MUNCHANDI) 28/10 . ARE-2 60. The Letter dated on 02.11.1999 the commissioner city municipal council Yelahanka 560064 Bangalore north taluk Bangalore the received letter in the officer submitted the letter put up for kind perusal and further order sir. 61. The letter dt: 05.11.99 of the Manager secretary of KSRTC HBC society in response to our notice dt 28.10.99 is put up for kind perusal sir. -Sd- 10/11/99. 62) The respondent No. 1. Society has sent the following documents viz., copy or layout plant, Letter dt: 28.11.1992 addressed by BDA to the society intimating the resolution passed by the BDA approving the layout subject to certain conditions, copies of orders got by preferring writ petition and copies of letters addressed by the Yelahanka Municipal council demanding betterment charges and handing over the layout to Yelahanka Municipal Council. 63) Further, the respondent no.2, commissioner C.M.C Yelanhanka , has not offered his comments inspite of sufficient opportunity being given to him, on the contrary be has requested for some information from this office, which is at his stage, not required to furnished. Therefore it will have to taken as respondent no.2 the commissioner, C.M.C Yelanhanka has no comments to offer and will have to be informed accordingly , stating that search and seizure warrant will be issued against them for securing relevant documents. Submitted for kind perusal and orders. …. Sd... [ B.A. Muchandi] ARE-2 …. 10/11 64) Hon’ble Upalokayukta . In the first instance summon the Officer concerned to appear before you with all documents required. Let me know when he appears. Call on 19/11/99. Call on 19/11 … -Sd- GP 65) As per notice dt. 10.11.99. Sri R.T. Gowda Commissioner, C.M.C, Yelahanka appeared and submitted that the Society has not submitted approved plan with C.A. sites etc.,. He further submitted that he will produce documents called for and file his comments in due course and pleaded for time. -Sd- B.A. Muchandi 17/11 He further submitted that the entire Layout has not been handed over to CMC, Yelahanka by the Society. ..Sd... [B.A.Muchandi] …. 17/11 66) Hon’ble Uplaokayukta In response to notice issued to Sri R.T.gowda, commissioner C.M.C. Yelahanka appear in person. He submits that till date no copy of the Layout plan in respect of the area in quest has been furnished to him by the office bearers. He stated that no part of the layout has been handed over to the Municipality for purpose of maintenance of parks /playgrounds. He also submitted that requests are being made by the office bearers of the society for issue of khata numbers in respect of new plots in the area. Call On 19.11.99. -Sd- Upalokayukta dt: 17.11.99. 67) In response to the Notice dt: 10.11.99 Sri R.T. Gowda commissioner C.M.C. Yelanhanka appeared and submitted firstly that the society has not submitted approved plan with C.A. sites etc.in respect of the layout; Secondly submitted that he would produce all relevant documents called for and offered his comments in due course of time. Thirdly he submitted that the entire layout has not been handed over to C.M.C. Yelanhanka by the society. Submitted for kind perusal and orders. -Sd- 18/11 (B.A. Muchandi) ARE- 2 68). Hon’ble Upalokayukta: Sri. D.B. Devgirikar, Advocate and one of the Directors of the Housing Society presents a petition dated 24/11/99 with certain documents. The same is taken on record. Pl put up with scrutiny note. Call on 1/12/99 -Sd- G.P 24/11 69) ARE-1 Examined the petition and the documents annexed there to filed by Sri D.B. Devgirikar, Advocate. 70) The petition contains averments mainly that Sri Devagirikar is the founder member of the Housing Co – operative society since its registration in 1993 and he is the present Director, The Petitioner has also given details regarding the public interest litigation filed by him in W.P.No. 35837/94 before the Hon’ble High Court of Karnataka. 71) The petitioner has made certain allegations against sri Shivalingaiah. 72) The nature of allegations made in the petition are personal in nature. He has produced certain documents such as Annual Report of the society. Xerox copies of the applications or the order U/R 10 of C.P.C filed in the High Court, Copies of application given by one Sri Shivakumar, Director of the society, copy of the sale deed, copy of news paper cutting, copies of pamphlets The petitioner has prayed for allowing him to participate in the inquiry since he knows the activities of the society from its beginning. 73) Considering the allegations made in the petition and the documents annexed there to I f eel that Sri Devagirikar may be allowed to participate in this case as a witness only. Submitted for kind perusal and orders. (B.A. Muchandi) ARE- 2 …. 27/11 74) Hon’ble Upalokayukta: para 73 - yes 75) ARE- 2 Issue endorsement to Sri Devgirikar, to participate in this case as a witness. 76) Issue endorsement to respondent no.2, Commissioner C.M.C Yelahanka, sending copy of complaints and to offer his comments and also issue direction to produce documents / records on or before 18.12.99. -Sd- … 2/12. (B.A. Muchandi). ARE – 2. 77) Fair copies of the endorsement address to the advocate, Sri Devagirikar as well as the commissioner C.M.C yelanhanka are put up for kind perusal & signature, Sir., …. 2/12/1999 78) ARE - 2: Send ….. -Sd- 2/12 79) As per the oral instruction the sketch map is Xeroxed & Xerox copy is kept in this file and the original map produced by society is kept in separate file and kept along with the file for kind perusal sir., 80) ARE-2] The sketch/map produced by the society is kept in separate file and Xerox copy is kept in this file for kind perusal. Seen …........... -Sd- 21/12 81) It is further submitted Sri Devajirikar Adv., has been served with an endorsement and he appeared before me today. He is asked to appear when ever witness summons is issued to him. -Sd- 21/12 82) It is further submitted that the commissioner CMC Yelahanka has not offered his comments so for. submitted for kind perusal & order. -- Sd--- 83.) Hon’ble Upalokayukta] Re para 82 - Reminder to be issued to the Commissioner. Call on 11/1/2000 …... -Sd- G.P 21/12 84) Issue Reminder …. -Sd- 22/12 85) C/W] As per the orders fair copies of the reminder addressed to the CMC yelahanka are put up for kind perusal & signature, Sir, -Sd- 23/12/99 86) ARE - 2] Letter signed …. -Sd- 23/12 87] C/w] Till to this date the C.M.C Yelahanka has not sent neither the documents nor the records. The letter dt: 23.12.1999 is duly served on the commissioner, Sir. …. -Sd- 11/1/2000 88 Are – 2] The Commissioner city Municipal Council, yelahanka has either offered his comments nor submitted the documents so far inspite of service of endorsements dt: 06.09.1999 and notice dt: 10.11.1999 and endorsement dt: 02. 12.1999. 89) Therefore, firstly in this case we have to proceed against the commissioner , C.M.C yelahanka as if has no comments to offer. Secondly a search warrant will have to be issued for securing necessary documents required for the purpose of investigation in this case. Submitted for kind perusal and orders. (B.A.Muchandi) 11-1-2000 ARE– 2 90) Hon’ble Upalokayukta ] pl speak on 31/1/2000 …. -Sd- G.P 28/1 91. ARE – 2] 92) Persued the file and discussed. 93) The respondent No.2, Commissioner C.M.C Yelahanka was directed to offer comments and to produce the documents as per endorsement dt: 06.09.99. Similar endorsement was served on the respondent on 10 .11.99 and 02.12.99 but, he has failed to offer the comments and produce the documents. Therefore a direction will have to be issued to the respondent No.2, to appear in person before the hon’ble Upalokayukta and produce the documents as mentioned in endorsement dt: 06.09.99 and to file his comments. Submitted for kind perusal and orders. (B.A. MUCHANDi) -sd- 31.1 . ARE– 2 94) Hon’ble Upalokayukta] para 93 - issue Summons accordingly. Call on 24/2/2000. 95. ARE – 2: Issue summons to R-2 Commissioner CMC Yelahanka to appear on 24.2.2000 at 3.00 P.M, accordingly …. Sd.. 2/2 96) 97) 98)Hon’ble Upalokayukta: you may put up on 29/2/00 ….....Sd... 24/2 99) 100) The respondent – 2, Municipal commissinor CMC Yelahanka has already produced certain registers and receipts books and documents Today, He appeared before me and has prayed for extension of time to file his counter Kindly same may be granted as last chance. Submitted for kind perusal and orders. [B.A. Muchandi] ARE – 2. 1/3 101) Hon;ble Upalokayuka: Time extended till 21/3/00 102) Are - 2 103) 104] ARE – 2 put up …. -Sd- 6/3 [C/W] 104) The Respondent No.2, The commissioner CMC yelahanka has submitted his comments and furnished the documents and has denied the allegations made against CMC. The Respondent No.1, The housing society has already submitted comments and filed the documents. Since this is a case taken up for suo motu investigation now this case will have to be taken up for scrutiny. Submitted for kind perusal and orders. (B.A. MUCHANDI) ARE- 2. 105) Hon’ble Upalokayukta] put up scrutiny note on 10/4/00 106) ARE - 2] Seen …. 21/3 107) The commissioner , C.M.C Yelahanka had produced the Xerox copy of the letter dt: 17.11.1997 sent by the president of respondent no.1 Society along with his comments dt: 06.03.2000. In the said letter the president of the said society had requested the commissioner CMC yelahanka to grant three months time to complete the work and assured to hand over the layout along with the civil amenities sited to CMC Yelahanka but on going through the records it appears that the R.1 Soceity has not handed over layout along with civil amenity sites to R.2 C.M.C Yelahanka. 108) Therefore it is necessary to direct the R.1 Society to furnish all the details such as sites numbers, dimension, nature of use mentioned in the approved plan etc regarding civic amenities with further direction to R.1 to handed over the civic amenity sited along with the layout to R-2, C.M.C Yelahanka for needful action in the interest of the members of the society or else suitable action in accordance with law will be taken to get said work done through the competent Authority. Submitted for kind perusal and orders. (B.A. MUCHANDI) ARE – 2 …. 10/4 109. Hon’ble Upalokayukta: para 108 - yes. Also indicate in the letter that if they fail to comply, action in terms of S. 13 may be taken . Call on 4/5/00 ….... -Sd- G.P … 10/4 110. ARE – 2] Put up 10/4 111) ARE – 2] Send the endorsement forthwith by hand. Call for explanation of the official regarding the delay in sending an endorsement though were made on 10/04 itself. ..Sd.. (B.A. MUCHANDI) .. ARE – 2 112) C/W] Explanation suibmitted by the case worker at : 03.05.2000 is out up for kind perusal sir. 113] in pursuance of the orders in para 109 n.f the concerned case worker was directed to put up the notice on 10.04.2000 it self on 03.05.2000. on the same day, the endorsement was issued and served on the Respondent No.1, therefore there is a delay on the part of the case worker due to inadvertence. His explanation has been called for the said case worker has submitted his explanation and prayed for excuse hence, the delay may be condoned. 114) Under these circumstances the respondent no.1 may be given two week’s time for compliance of endorsement dt: 03.05.2000. Submitted for kind perusal and orders. …...Sd.. (B.A. MUCHANDI) .. ARE – 2 115) Hon’ble Upalokayukta: para 114-- Yes. put up on 22/6/00 ….Sd... G.P 4/5 116) ARE-2] Intimate R-1 to comply Oders within Fifteen days . ...Sd..5/5 117) C/W] Fair copies of the endorsement adressed to the R.1, on the above lines are put up for signature, Sir ...Sd.. 5/5 118) ARE-2] Send . ...Sd..5/5 119) Letter No. KSJD/ HBCS/4/2000- 2012 dt: 16th May 2000 received from the secretary , Karnataka state juridical department employees house building co- operative soceity ltd., may kindly be perusued. In the said letter he has requested for grant of extension of one month. Time on the ground that there is vacation for the Hon’ble High Court and some of the directors of the said soceity are on leave. The letter is put up for kind perusal and further orders. 120) ARE – 2 ] Respondent No.1 was granted time till 22.06.2000 for compliance of the order in para 109 n/f. 121) Respondent NO.1, by letter dated : 16.05.2000 had sought one month’s time for the compliance of the order. However even after lapse of one month’s time the Respondent no.1 has not furnished the details as called for in our report till today ( 22.6 2000). 122) Therefore it is submitted that action as contemplated under section 13 of K.L act will have to be taken against the Respondent No.1 Submitted for kind perusal and orders. ..Sd.. 20/6 (B.A. Muchandi). ARE – 2 Further Submitted 123) Subsequently Respondent No.1 has sent a letter dated 21.06.2000 stating that the meeting of the board of directors has been postponed to 28.06.2000 to discuss the above mentioned subject and therefore , has sought two weeks time. 124) The same is submitted for kind perusal and orders. ..Sd.. 22/6 (B.A. Muchandi) . ARE – 2 125) Hon’ble Upalokoyukta] Time is being taken over and over again. Time is extended finally by -2- weeks. Call on 17-7-00 ..Sd.. . G.P 22/6 126 . Are – 2) Intimate & issue direction to comply positively within two weeks … ..Sd.. 24/6 127) As per orders at Para 126 above, draft endorsement is put up for kind perusal and approval. ..Sd.. 24-6-2000 128. ARE – 2] ----------------Illegible-------- ----------------Illegible-------- ----------------Illegible-------- ____________________ co-operative society ltd. along with the Vice – president of the said soceity appeared before me or 7,7,2000 and submitted a letter seeking in one month’s time to report compliance as per the endorsement dated 26th June 2000. ..Sd.... C.Y. Illur … 7/7/00 129) Hon’ble Upalokayukta: There are several allegations made against the management of the Society, including convertion of Civic amenity sites & roads into sites and allotment made to outsiders. It is unfortunate that this Housing Society which should have been model for other Housing Societies in the matter of its management and upkeep of the Layout has given room for allegations of Corruption & nepotism. Soon after the formation of the Layout, all civic amenity sites and roads ought to have been handed over to the municipality. The fact that it is not done as yet is a Serious lapse on the part of the management and gives room for suspicion regarding the conduct of the office bearers. This matter is pending for over one year. Time extended till 31st August to comply failing which further action will be taken as per law. Let the above Order be communicated forthwith by RPAD or a Copy threof may be given to the Office bearer if he were to appear tomorrow, under acknowledgement. Let the name of the office bearer be clearly written up in the Order Sheet. Put up on 1/8/00 ...Signed...G.P …. 12/7 130) ARE 2] Please communicate the Order at para 129 of N/F accordingly forthwith. ….Sd... 13/7 131) Draft endorsement to the Manager / secretary of the said Society is put up for kind perusal & approval …. 13/7 132) A.R.E-2] Draft approved. Put up F.C … 13/7 133) Four copies of the endorsement are put upfor kind perusal & signature. ….Sd... 13/7 134) ARE-2] As ordered at Para 134/ n/f original copy of the endorsement was sent to the Secretary of the said society by R.P.A.D. Shri Suresh Kumar Secretary of the said society appeared at 12.30 p.m. and a copy of the endorsement handed over to him under acknowledgment. ...13/7... Received … Suresh Kumar.... 13/7/2000 135) Hon’ble Upalokayukta: One of the members of the Society appeared and alleges that portion of Road has been sold by the Directors. He many many more allegations against the management / office bearers. in this regard it is necessary to secure certified copies of the following registred documents. [1] Sale deed dated 21/3/1941 executed by Narasinmha & Gidda alias Hanuma registred as 2848/1941-1942 in Book-1. Vol. 542, pages 203-204 at the office of the Sub-Registrar, Blore TQ. Now Sub-Registrar North Taluq. Property situtaed at Allalsandra Village S.No. 104/3. [2] Sale Deed dated 23/3/95 executed by the Mysore Stone ware pipes& ….. Ltd in favor of Hanumatha Raju & S.Yanubyrappa regd as no. 8828/94-95, Book-1, Vol. 599, pages 238-245 at the office of Sub-Registar, Yelahanka. [3] Sale deed dated 5/11/1999 executed by the Karnataka Sate Judicial Department Employees House Building Co-Operative Society …. …... Invisible …..... Illegible......... P.S Sri Subramanya to apply for certified copies and obtain the same at the earliest. Call on 1-8-2000 ….........Signed............. G.P ….............26/7 https://facebook/digvijay.mote/media_set?set=a.521545151210571.121921.100000652710482&type=3 https://facebook/digvijay.mote/media_set?set=a.521545151210571.121921.100000652710482&type=3
Posted on: Tue, 06 Jan 2015 03:57:29 +0000
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