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Karnataka Lokayukta Office
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Page No. 01
KARANATAKA STATE 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:
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
Para 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
- ARE – 2 : To Register .
- 8. ARL(O) : Please register & put up. ..Sd.. 15/6/99
No. Compt / Uplok / BCD/64/99-2000 .
- 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. S.: For kind orders regarding entrustment of this complaint for scrutiny. ….Sd.. 17/6
11. 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
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.
For Kind perusal and orders. …Sd..5/7/99. Addl. Registrar Enq.2
21. Hon’ble Upalokayuktal ]
para 20 – yes
call on 02.09.1999 ……….Signed….8/7/99
23 ARE-2] Seen. Intimate …Sd.. 9/7
- 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
- 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.
- 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.
- 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.
- The respondent society has not specially offered their comments in respect of each of the allegations that has been made in the complaint pamplet.
- 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.
- 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.
- 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.,
- 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
- C/w) Fair copies of the endorsement addressed to the Respondent calling for his comments are put up, for Signature, Sir , …Sd.. 10/9
- ARE- 2] Send …..Signed… 10/9
- 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 .
- 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]
- 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
- ARE– 2] ….
- 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 .
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
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).
- 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.
- 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.
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
- 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.
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
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.
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.,
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.
82) It is further submitted that the commissioner CMC Yelahanka has not offered his comments so for.
submitted for kind perusal & order.
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.
90) Hon’ble Upalokayukta ]
pl speak on 31/1/2000 …. -Sd- G.P 28/1
- 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.
- 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
you may put up on 29/2/00 ……..Sd… 24/2
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.
ARE – 2. 1/3
101) Hon;ble Upalokayuka: Time extended till 21/3/00
102) Are – 2
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.
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
- 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
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
- ARE – 2] —————-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 said many many more allegations against the management / office bearers. in this regard it is necessary to secure certified copies of the following registred documents.
 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.
 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.
 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
- As per orders at para 136 above letter to the sub- registrar Bangalore North Taluk Yelahanka is put up for kind perusal and signature. …Sd.. 26/7/00
138) ARE-2] Signed …. 26/7/00
139) In response to our letter dt: 26.07.2000, the sub- registrar, yelahanka has sent the documents mentioned at Sl.Nos (ii) and (iii) of our letter dt: 26.07.2000, vide his letter dated 27.7.2000 and the same are placed in the file for kind perusal . These documents were produced by shri B.C. Subramanya P.S. to the Hon’ble Upalokayukta.
140) In his letter , he has further stated that the document at Sl.No (i) Mentioned in our letter dated: 26.07.2000 is available in the office of the sub- registrar Bangalore north adeppa layout basaveshwaranagara, Modi Hospital road, Bangalore.
141) Kind orders may be passed to write a letter to the sub- registrar Bangalore north , requesting him to send the above document and to hand over the same to shri B.C. Subraanya, PS to the Hon’ble upa-lokayukta.
For kind orders. …Sd.. 27/7
142] ARE-2] Para 141 approved ….Sd… 28/7
143) Letter put up for kind permission and signature. …Sd.. 28/7
144) As per orders at para 134 of the note file. The original copy of the endorsement was sent to the secretary of the soceity by RPAD and the same has been received in the society’s office on 14.07.2000 as per the postal acknowledgement is placed in the file for kind perusal the second copy of the endorsement has been personally handed over to shri suresh kumar on 13.07.2000 and his acknowledgment is obtained in the file.
- 145. As per the orders of the orders of the Hon’ble Upalokayukta at para 135 of the note file letters were addressed to the sub- registrar of Bangalore North Taluk, Yelahanka and sub – Registrar, Bangalore North, requesting them to produce certified copies of the documents mentioned at para 135 (1), (2) and (3) accordingly the have given the certificate copies of the said documents and shri B.C Subramanya , P.S. To the Hon’ble Upalokayukta have produced them, The same are placed in the file for kind perusal and further orders.
146] ARE – 2
Due to closure of Government offices on 01.09.2000 an account of bundh observed due to kidnapping of cine artist Dr. rajkumar this file was not placed on 01.08.2000.
147] As per the orders of the Hon’ble Upalokayukta vide para 129 of the note file the order dated 12.07.2000 has been communicated by R.P.A.D To the secretary Karnataka state Judicial Employee’s House Building Co- operative Society Ltd., Bangalore And the same has been served on the society on 14.7. 2000 and the postal acknowledge is kept in the file for kind perusal. A copy of the order has also been personally handed over to Shri Suresh Kumar, Manager cum secretary of the said society on 13.07.2000 and his signature a long with his name has also been obtained on 13.07.2000 in para 134 of the note file. The society has been called upon to intimate the compliance of the order dated 12.7.2000 on or before 31.08.2000. Hence, this file may be called after 31.08.2000 expecting the intimation from the society.
148) As per the orders vide para 135 of the note file, Shri B.C Subramanya P.S.to the Hon’ble Upalokayukta has collected the certified copies of the three sales deeds called for and the same are kept in the file for kind perusal.
149) Therefore, this file may be called after 31.08.2000.
Submitted for kind orders on para 149 of the note file,
…………Signed… 2/8/00 … C.Y. Illur .. ARE-2
150] Hon’ble Upalokayukta]
From the copy of the sale deed dt: 05.11.1999 I notice that the dimension of the site in the body of the Sale deed is given as 60’ x 90’ (See page 4), whereas in the schedule it is shown as (98’ + 92’)/2 x (72’.6” + 65’.3”)/2. Besides the boundary on the Western side is shown as site no. 1252.
From the Layout Plan produced by the Society, I notice that between Site No. 1253 & 1252 a road exists of 40’ feet width.
Primafacie it appears that while executing sale deed Sri. N. Shivanna, on behalf of the Society, has included the road portion in site No. 1253 and received consideration amount in excess. This is a fraudulant act. We have to obtain the names and adresses of all the Directors of the Society in this regard. Especially those members who are selling part of the road, contary to the Layout is a Serious mis-conduct. This would also inconvinience all the residents of the area.
The adress of Sri. N. Shivanna is furnished by one of the members of the Society who appeared before me. It is as follows:
Sri. N. Shivanna, Phone: 6672 060
No.54, 3rd Cross, Kempegowda Nagar, Laxmipura, Bangalore- 560 019.
It would be necessary to obtain copy of sale deed in respect of site No. 1252 for purpose of investigation.
Draw up separate proceedings and put up on 10/8/00
…..Sd… …G.P… 4/8
This file to be put up along with the new proceeding file on 10/8/00.
..Sd… G.P ..4/8
- ARE- 2] Call on 7/9/00 — vide para 129 …Sd.. 4/8
152) In our office endorsement dt: 13.07.2000 the secretary , Karnataka State Judicial Department Employees House building co- operative society ltd. Bangalore has submitted his comments vide letter dt: 31.08.2000 the same is put up for kind perusal and orders.
- ARE – 2) As per the orders vide para 129 of the note file the society has been called upon to intimate the compliance of the orders of the Hon’ble Upalokayukta dt: 12.07.2000 on or before 31.08.2000 order dt: 12.07.2000 at para 129 of the note file may kindly be perused.
154) In response to our notice Shri . S. Suresh Kumar Manager/ Secretary, K.S. J.D. E.G. B.C.S in short., Society has submitted his detailed reply dt: 31.08.2000 and the same may kindly be perused. The society has been repeatedly told to hand over the layout along with civic amenity sites to Yelahanka Municipality and form time to time request to hand over the layout of civic amenity sites though extended lastly till 31.08.2000, it appears from their reply that layout has not been handed over.
155) In the reply the society denies all the allegations and it is stated that no civic amenity sites in the layout have converted in to sites in the layout have been converted into sites and sold to outsiders. The allotment is made only to the members including Associate members as per the bye-laws. In respect of some owners whose lands were not acquired by the Government, the Society had to enter into agreement of sale without conveyance, who have filed suits before the court the society inevitably got the matters compromised providing some sites to them to protect the interests of the society.
- With regard to conversion of roads into sites, while denying this allegation, it is stated that, by oversight and mistake, the road portion was included while describing the boundaries in respect of the site allotted to the former Hon’ble Chief Justice, Mr. Y. Bhaskar Rao. Subsequently, the mistake has been got rectified by Rectification Deed by bringing the mistake to the notice of the former Hon’ble Chief Justice, Mr. Y. Bhaskar Rao. With regard to allegation of corruption and nepotism, while denying these allegations, it is stated that the same appears to have been made by persons, who are either disgruntled or unable to secure a site or other benefits.
- With regard to handing over the layout along with civic amenity sites, it is stated that since some lands could not be actually acquired and thereby execution and formation of the entire layout was delayed. The persons whose lands have not been actually acquired approached the Civil courts, as a result, the society could not complete 10 percent of the layout work. Hence the layout could not be handed over to the Municipality or the civic amenity sites. Inspite of all these, the society is taking up the issue of handing over the layout before he general body scheduled to be held on 24.09.2000 on “As is where is” basis immediately after obtaining the approval from the general body. Hence, the Society has requested to consider the explanation and drop further proceedings and sought permission to complete the execution of the remaining developmental work and handover the layout to the Municipal after obtaining the permission of the general body of the Society.
Submitted for kind orders.
…………Sd….6/9/00 (C.Y. Illur) . ARE – 2
158) Hon’ble Upalokayukta ] Pl put up this file with BCD/125 of 2000-01 on
13/9/00 . ….Sd.. … G.P
159] As per orders at Para 158 of the note file, this file is submitted along with File No. Compt/Uplok/BCD.125/2000-2001.
….Sd….. 12/9.. (C.Y. Illur) . ARE-2
160) Hon’ble Upalokayukta
Draw up separate proceedings as regards the following.
161) We have obtained certified copies of two sale deeds dated 21.03.1941 and 23.03.1995 in Compt / Uplok / BCD – 64/99-2000 in respect of Sy. No.104/3 of Allalasandra Village of Yelahanka Hobli. The area marked and shown as Parks and play grounds in the layout plan produced by the Society comprises land in Sy. No.104/3. If these lands belong to private parties, as it appears from the sale deeds, the same could not be shown as Parks and play grounds forming part of the layout, since S.No.104/3 is not included in the acquisition notifications.
162) The recitals in the sale deed dated 21.03.1941 indicate that the said land was granted by the Government of His highness the Maharaj of Mysore on 16.07.1937 in favour of Narasimha and Gidda alias Hanuma sons of Adidravida – Duma, Allalasandra Village, Yelahanka Hobli. It is necessary to examine the terms of the grant for ascertaining whether the sale deed dated 21.03.1941 is valid, since the grant was made in favour of Narasimha and Gidda who belong to Scheduled Caste and therefore, whether the sale violated any of the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain lands) Act, 197. You may refer to Karnataka Act & Rules – Volume 19. Sections 4 and 5 of the Act are relevant.
163) For this purpose, draft of Sec. 15(3) order be put up addressed to the Deputy Commissioner, Bangalore Rural District, to investigate whether the grant made on 16.07.1937 by the then Government of his Highness the Maharaj of Mysore contained any restrictive clauses against alienation. If so, whether the sale of such land under the sale deed dated 21.03.1941 was valid.
Call on 29.09.2000.
164) A.R.E – 2
165] As per orders 18.09.2000 of the Hon’ble Upalokayukta, in File No. Compt/Uplok/BCD, 64/99-2000, ARE-2, separate proceedings are drawn and case is registered vide No.Compt/Uplok/BCD.164/2000-01.
Submitted for kind perusal and orders.
166) ARE – 2 ]
As per orders at Para 163 of the note file, the file is submitted for kind perusal and orders.
ARE – 2
167) Hon’ble Upalokayukta
Refer Para 157, since from the Management of the society the member of the meeting of the General body held on 24.09.2000. whether layout has since been handed over to the municipality.
The chief officer of the town Municipality, Yelahanka while taking over the layout from the municipal of the society should ask the management to demaicate clearly in the layout plan, the civic amenity site, provided.
Call on 2.11.00
168) ARE – 2
As per order at Para 168, above letter to Secretary K.S.J.D.E.H.B.Co., Bangalore and the Commissioner, Yelahanka, City Municipal Council, Bangalore North Taluk, Yelahanka, is put up for kind perusal and signature sir.
169) ARE – 2
170) Commissioner, Town Municipal Council, Yelahanka, has submitted a letter dated 16.10.2000 stating that on 24.02.2000 three assessment registers have been produced in this case for the purpose of investigation as directed. Now he has received applications from various persons for change of Katha of the plots. Since these registers are produced in this case, he is unable to dispose off those applications seeking change of Katha and as a result, applicants are put to hardship. Hence, he has requested to return those three assessment registers to attend his day – today business.
171) It is notice from para 99 of the note file dated 29.02.2000 that Municipal Commissioner, Yelahanka has appeared in person and produced three assessment
registers, thirty nine tax receipt books and copy of the Resolution book.
172) Investigation, with regards to the allegations against Society is already taken up and is in progress. But, these three assessment registers are required to the commissioner, Yelahanka Municipality for his day – to day work and for transfer of Katha as and when the applications are received and also for disposal of applications seeking licence for construction of the buildings.
173) Hence, it is submitted kind orders for return of three assessment registers to Commissioner, Town Municipality, Yelahanka on a condition to poduce those registers before the Hon’ble Authority as and when again required for the purpose of investigation.
174) Submitted for kind orders.
A.R.E. – 2
175) Hon’ble Upalokayukta.
Para 173 – Yes
To be called as the date
given at Para 16
- ARE-2] Please intimation the commissioner, Yelahanka to receive back the _____ conditionally as per orders in para 173 R/W 171 of ____
- C/W ]
As ordered, three Assessment Registers have given to one Sri. M.V. Mutturaj, FDA, Office of the C.M.C. Yelahanka, who authorized by the Commissioner, Yelahanka with a condition to produce the said registers as and when called for by this office.
- Endorsement dated : 25.10.2000 to the commissioner CMC Yelahanka is prepared and submitted for kind approval and signature.
179) ARE-2: In pursuance of the order vide para 167 of the note file a letter dated 23.10.2000 has been addressed to the secretary of the Society to furnish the minutes of the meeting of General body held on 24.09.2000 and to intimate whether the layout has been hand over to municipality. In response to that the secretary of the society has forwarded the copy of the minutes of the general body dated : 24.09.2000 under his letter dated : 31.10.2000 from which it appears that general body has unanimously resolved to hand over the layout to the municipality after completion of the remaining work of the layout and after allotment of the sites to the persons who have paid the entire amount. Thus the society so far has not handed over the layout along with civic amenity sites to the Municipality inspite ofour repeated request.
Submitted for further kind orders.
ARE – 2
- Hon’ble upalokayukta.
181) ARE – 2)
Discussed the matter with Hon’ble Upalokayukta on 03.11.2000.
182) Security Note in para 179 of the note file may kindly be perused.
183) For the purpose of further investigation the following documents/ information may be ordered to be called from Secretary/ President of the karnataka State Judicial Department Employees House Building Co–operative Society limited, Bangalore .
[i] Site allotment resolution book.
[ii] Information regarding number of sites allotted to associated members along with site number date of allotment and name of the allottee.
[III] With regard to the non- handing over of layout to C.M.C. Yelahanka due to the incompletion of work Sociey may be called upon to furnish the information of the pending works and the time schedule and stage taken to complete those pending works.
[ 1V ] Number of sites which are remain unallotted as on this date and their numbers.
[ V ] Procedure followed for allotment of the sites.
[ V ]) Particulars of the sites auctioned indicating site no. date of auction and amount fetched in the auction and size.
184) It is also indicated by the society that they would handover the layout along with civic amenities sites to the C.M.C only after completion of the pending works of the layout and after allotment of the sites to the persons who have paid the entire amount. In order to prevent the possible allotment of civic amenity sites to others, it is necessary to write a letter to C.M.C to ensure that civic amenity sites are duly maintained from the file it is noticed that the society has furnished the copy of the layout plan approved by the C.M.C Yelahanka.
- Therefore, orders may be passed to addres a letter to Commissioner C.M.C Yelahanka directing him to ensure that civic amenity sites are duly maintained and no fresh khatas are made contrary to the layout Plan approved by the C.M.C
186) IT is also desirable to summon the sub- registrar Bangalore north taluk, Yelahanka to appear and to enlighten the procedure followed by them for registration of the sites of the new layout along with the copies of the relevant circulars rules and provisions for further course of action. So that , illegal allotment and registration of the sites can be prevented after hearing from the sub- registrar.
187) Hon’ble Upalokayukta
Paras 183,184,185 and 186 approved can on 14.12.2000.
188) ARE – 2) P1 put up endorsement as per para 183, 185 and 186 ______
189) C/w As per order at para 188 above letter to the commissioner city municipal concerned the sub – register ________________________________
for kind perusal and signature sir.
190) ARE – 2
Signed reply ans on 08.12.2__ and appearance of ______________________________________________
- Letter dated: 07.12.2000 received from the sir sub- registrar yelahanka along with copies of documents as mentioned in his letter dt: 07.12.2000. the same as submitted for kind persual.
- ARE – 2) _____________ sub- registrar and venkatesh approved before and ward him
- call date is on 14.12.2000 but in the mean – while in pursuance of the order in para 187 of the note file, letter dated: 23.11.2000 was addressed to the commissioner, city Municipal council Yelahanka requesting him to ensure that civic amenity sites are duly maintained and no fresh khatas are made contrary to the layout plan approved by the Municipal Council, In respect of Judicial Employees Layout Jakkur he was called upon to submit the compliance in his regards to the Hon’ble Authority on or before 08.12.2000.This endorsement is kept in the file. In spite of our endorsement the commissioner city municipal council yelahanka has not responded.
- Hence, orders may be passed to summon the Commissioner city Municipal council, Yelahanka to appear and to show cause why he did not submit the compliance on our endorsement dated: 23.11.2000 he shall also be called upon to state as to whether Karnataka State Judicial Layout at Jakkur if so, to produce the copies thereon for the purpose of further investigation, during his appearance.
195) In pursance of the order in para 187 of the note file, Summon dated: 23.11.2000 was addressed to sub- registrar, Bangalore north Yelahanka to
Appear in person on 07.12.2000 along with copies of the relevant circulars Rules and provisions to enlighten the procedure followed by him for registration for the site of the new layouts in response to the summon sri Venkatagiri Senior Sub- registrar Yelanha appeared on 07.12.2000 and produced along with his letter dated : 07.12.2000, Xerox copies of the extract of section 22 (A) and 71 of Registration Rules 1965 and GOvernement Notification Circular No. (I) Circular No. (II) Circular No. (III) and endorsement and same may kindly be persued.
196) In pursuance of the order ion para 187 of the note file an endorsement dated: 23.11.2000 was issued to Secretary / President of the society calling upon the documents and informant as indicated called for was with regard to the non handling over of the layout along with civic amenity sites on account of in completion of the pending works. So Society was called upon to furnish the particulars of pending works, time schedule and steps taken to complete those pending works by the society. Society was also called upon to furnish the number of sites remind un allotted along with their numbers,
procedure followed for allotment of sites particulars of the sites auctioned, indicating aite number dimension date of auction and amount fetched in the auction. Though Society has given a reply dt: 01.12.2000 the required documents and information called for in our letter dt: 23.11.2000 have not been furnished.
197) There are serious allegation of irregularties, malpractice, nepoticm and corrupt activities on the part of director of the society are made, one of the allegations is that 3 acres 25 guntas of the lands reserved for play ground and swimming pool have been aliented and the land reserved for park was converted in to sites and sold to the persons of their choice. So in order to protect the interest of the society and to preserve the civic amenity sites though we called upon the society by issuing Notice repeatedly to hanover the layout along with civic amenity sites. Society did nit respond and failed to hand over the civic amenity sites to the Municipality There is every likely- hood of converting the park and other civic amenity sites in to residential sites and selling the same to the persons of their choice. So pending investigation it is desirable to issue directions to the sub- registrar, Bangalore North (Yelahanka) to stop registration of the documents presented by the Society alienating the lands of the layout in question till further orders in order to maintain the civic amenity sites and to safe guard the interest of the bonafide allottees of the layout. It has been held in AIR 1996 Supreme Court 2450 in RAma Rao Vs Lokayukta and others (A.P) that the power to submit the final report with recommendation to take punitive or penal action includes the power to submit the inter in report.
198) Since the society failed to produce the required documents and information to enable the Hon’ble Authority to investigate the serious allegations made against its directors, pending investigation it is necessary to issued interim direction to the sub – registrar with a sole object of maintaining civic amenity sites to protect the interest of the bonafide allottee of the layout and to cheer the further possible malpractice of conversion of civic amenity sites in to residential sites for allotment by the soceity.
199) Hence, interim direction may be ordered to be issued to the sub- registrar, Bangalore North (Yelahanka) not to register the documents presented by the society alienating the land in Judicial Layout, Jakkur till the further orders.
Subimitted for kind orders on para 194 and 199 of the note file.
ARE – 2
200) Honble Upalokayukta
Very Important …. three pars
para – 197 yes
201] In pursuance of the order in para 200 of the note file, draft Interim order is submitted for kind perusal and approval.
ARE – 2
202) Hon’ble Upalokayukta.
204) As ordered covering letter addressed to be Sub- registrar Bangalore north Yelahanka is submitted for ___________________
- Letter dated : 02.02.2001 received from the secretary KSJDEHB Co- op society Bangalore The Same is placed for kind perusal and orders.
- ARE – 2
In pursance of the order in para 200-A of the note file,summons dt: 23.01.2001 was served on Sri
- Shivalingaiah , president of the Karnataka State Judicial Dept. Employee House Building Co – operative Society, to appear before ARE- 2 on 02.02.2001 for recording his statement on 02.02.2001 Sri
. S. Suresh Kumar, Secretary, appeared and submitted a letter dt: 02.02.2001 stating that Sri. C. Shivalingaiah’s brother – in – law has passed away last week and he has gone to his native place to attend the obsequies ceremony on 02.02.2001 and hence he is unable to attend for giving his statement and requested a month’s time. Along with Sri S. Suresh Kumar, Sri T. N.Mahadeva Swamy, Advocate Signed by himself and one sri. M. Shivappa for Sri. C. Shivalingaiah and he also sought time.
212) To Check for lot of Ommissions:
With regard to the appearance of the advocate for Sri.C. Shivalingaiah there is no specific provision in the K.L.Act to allow the advocate to appear for the parties or witness during the course of investigatioin of course, advocates have right to appear before the Courts and also before the tribunals if there is specific provision for their appearance. With regard to the appearance of the Advocate before the statutory authorities unless there is a specific provision to represent their parties, it appears to me, appearance of the parties by advocates order in the matter of the acceptance rejection of the vakalathi may be passed.
213) In view of the letter dated: 02.02.2001 of Sri S. Suresh Kumar with regards to the submitting of the president for recording his statement further orders may kindly be passed.
214) One Smt. Gowri No.15, 18th Cross, 5th Main, Jayanagar, Bangalore has submitted a petition long with enclosures to Hon’ble Upalokayukta on 19.01.2001.The Hon’ble Upalokayukta is pleased to make an order for secrutiny on the application of Mrs . Gowrd.
215) Applicant Mrs. Gowri has sought an action against one Sri B . Ramakrishna working as a clerk in the society on the ground that he is responsible for mal- administration of the K.S.J.D.E.H. Co- op. Society and illegal allotment of sites by which he has amassed the wealth worth more than 4 Crores. He has invested the said money in the Kautilya Credit Co-operative Society, for which he is president.
216) Though, Sri S. Ramakrishna is a public Servant U/s. 2 (12) or K.L.Act the allegation of amassement of wealth disproportionate to known source of income is imperissible under the K.L. act, in view of the Judgement pronounced by the Apex Court in the state of karnataka and others Vs. Kempaiah. Secondly Employee of the co – operative society does not become a public servant under the provisions of P.C. Act. Therefore it is not permissible to forward the application and enclosures to the police wing for action against him under the prevention of corruption act. Hence, this application along with enclosures may be ordered to be filed.
Submitted for kind orders on para 212, 213, 216of the Note File.
ARE – 2
217) Hon’ble Upalokayukta.
Two paras ……. to be entered
218) ARE – 2)
219) As ordered, Summons to Sri C. _________________ president of the KSJDEHB Co- operative Society ltd. is prepared and submitted for kind approval and signature. …. -sd- .. 8/02
220) ARE – 2
221] As ordered summon
222) The secretary KSJDEHBCS has submitted a letter dated 20.02.2001 where in he has ………………
224) ARE -2 In pursuance of the order in para 217 of the note file fresh summons in the form prescribed was issued on 08.02.2001 through Lokayukta Police directing the President of Karnataka State Judicial Department Employees House Building Co- operative Society Sri . C Shivalingaiah to appear before the add. Registratrar Eng- 2 on 22.02.2001 at 11. A.M the Summons was duly served on the president on 15.02.2001. but the president of the society did not appear, on the other hand he sent a petition dated 22.02.2001, requesting this Hon’ble Authority to withdrawn the summons on the Ground that complaint is against the President / Secretary and Director of the Society. Hence he cannot be a witness in the above proceedings.
- On 20.02.2001 Sri Suresh Kumar filed an application dated 20.02.2001 requesting to provide him a certified copy of all the proceedings in respect of complaint. BCD/64/99-2000 on the ground that, same has to be placed before the meeting of the Society. But the copy of the proceedings in the complaint cannot be granted in view of the bar contained in Section 16 of the K.L. Act that any information obtained in the course of or for the purpose of investigation and any evidence recorded or collected in connection with such information shall be treated as confidential.
- Hence application filed by Sri. Suresh Kumar claiming to be a Secretary, may be rejected and if ordered the result of the application would be intimated.
- Further orders may kindly be made with regard to the enforcement of the attendance of the president Sri. C. Shivalingaiah for recording his statement.
Submitted for kind orders on para 226 and 227 of the note file.
- ARE – 2] with a view to maintain civic amenity sites for the enjoyment and benefit of the bonafide allottees and to prevent the possible mal-practice of conversion of civic amenity sites into residential sites for allotment by the society, Interim order dated 18.01.2001 was issued restraining the Sub-Registrar, Bangalore North (Yelahanka) from registering the sale deeds executed by the Society in respect of the sites formed in the Karnataka Judical Layout at Jakkur.
- On account of interim stay the Sub-Registrar has stopped the registration of the Sale Deeds executed by the Society. Now Hon’ble Mr. Justice M. Ramakrishna, Chief Justice (Retd.) have given representation dated 07.03.2001 stating that the Society has allotted site No.858, measuring 80’ x 120’ and he has remitted to the Society the cost of this site of Rs.4,34,650-00, because of the Stay order Sub-Registrar is unable to register the Sale Deed presented by the Society and requested to relax the stay order, so as to enable the Sub-Registrar to register the document in respect of Site No.858 allotted by the Society.
- As the Society failed to produce the required documents and information to enable the Hon’ble Authority to investigate into the serious allegations made against the Director and Office bearers, pending investigation to preserve the civic amenity sites the stay order was granted restraining the Sub. Registrar from registering any sale deeds in respect of the layout in question still further orders, on account of which the bonafide allottees who have not yet obtained the sale deeds from the Society have been put to hardship. To avoid, such hardship to the bonafide allottees to get their sale deeds registered and at the same time while maintaing the civic amenity sites, it is necessary to modify the interim order dated. 18.01.2001 permitting the sub-Registrar to register the Sale Deeds executed by the Society in respect of the sites covered under the approved layout plan strictly, maintaining the civic amenity sites intact and copy of the approved layout plan may also be ordered to be sent to Sub-Registrar. Hence, interim order dated 18.01.2001 may be modified.
Submitted for kind orders on Para 230 of the note file.
231] Hon’ble Upalokayukta]
para 280A – Yes. Interim Order is modified accordingly, the registering authority may register such of the Sale Deeds. The presented for registration in accordance with law after being satisfied that the site sought to be conveyed under the Sale Deed is shown in the layout plan and is identified……………….. doubt, registering authority.
……… seek clarification.
Para 226 – yes
Para 227 – Enforce his attendance and record his statement.
Call on 09.04.2001
232) AREA – 2)
Draft modified interim order is prepared and submitted for kind approval.
233) Hon’ble Upalokayukta:
Draft modified D.O. is approved.
Hi Krishna to put up F.C. on 14.08.2001
F.C. confirmed on 14.03.2001
FC signed copy is recorded, Same call on 9.4.2001 vide para 231, dt. 14.3
235) As ordered covering letter dated 14.03.2000 to the Sub-Registrar, Yelahanka enclosing a original modified I.O and copy of the layout plan is prepared and submitted for kind approval and
236) ARE – 2
Signed date 14.03.2001
237) ARE – 2
With reference to the order on para 227 of the note file, it is submitted that though summons dated 8.2.2001 served personally on Sri. C. Shivalingaiah for his appearance before me on 22.02.2001, he failed to appear before me. So for the purpose of enforcement of his appearance to record his statement, coercive steps needs to be taken. As per section, 11(2) of K.L. Act for the purpose of investigation in respect of summoning and enforcing the attendance of any person and examining him on oath, Hon’ble Upalokayukta have all the powers of Civil Court as if trying a suit under the Code of Civil Procedure 1908. Therefore under order XVI Rule 1 summons were issued for his appearance. Inspite of service of summons he remained absent. Therefore he is liable to be subjected to the consequence of Non – attendance under order XVI Rule 10 of C.P.C Statement of this person is material for the purpose of investigation as he failed to appear without Lawful excuse , so under order XVI 10 (iii) in lieu of proclamation orders may be passed to issue a Bailable warrant against him for Rs. 1000.00 to secure his attendance and orders may be passed to serve the Bail able warrant through the POlice wing , K.L.A.
Submitted for kind orders on para 237 of the note file.
ARE – 2
238) Hon’ble Upalokayukta
para 237 – yrs
call on 20.04.2001
238) Are – 2
239) As ordered endorsement to the Secretary Sri S. Suresh Kumar is prepared and submitted for kind approved and signature.
240) APR- 2
241) This file is put up before me at my instance
242) A representation dated: 26.03.2001 is submitted by Mr. A.K. Doreraj, an employee of the High court of Karnataka Bangalore. It is taken on record. He has stated in the representation that he is a member of the karnataka Judicial Department Employees House Building Co- operative Soceity Limited, Since the year 1991, bearing Membership No. 225, It appears, he participated in the auction sale for corner sites ( situated in the layout formed by the soceity in Yelahanka) conducted by the said society on 21.02.1999 and that since he was the highest bidder, corner site No. 482 measuring approximately 49’3” x 36’ 6”
49’ 35’ for a sum of Rs. 2.84 lakhs and the offer was accepted by the society on the same day itself this is evident from the endorsement dated 26.05.1999 and the receipt dated 30th August 1999, issued by the said soceity.
243) The grievance of Mr. A.K . Doreraj is that the sub- registrar, Yelahanka is decining to register the sale deed in view of the interim restraint order passed by me on 14.03.2001 in view of the fact that the site purchased by A.K. Doreraj is an suthorised site, as I see from the layout plan sanctioned by Yelahanka Municipality which is on record , The interim restraint order would be inapplicable to the aforesaid site purchased by Mr A.K. Doreraj. Therefore an endorsement may be issued under the copy to Mr. A.K. Doreraj , stating that the Sub – registrar may register the sale deed executed by the said society in respect of site No. 482,
situated in the layout formed by the said society in favour of Mr. A.K. Doreraj.
244) A.R.E – 2)
245) As ordered endorsement dt: 27.03.2001 to the sub – registrar Bangalore north, Yelahankais prepared and submitted for kind approval and signature.
246) are – 2
247) Mr. A.K . Doreraj is present in ________________ the true copy of the Pud______________ be handed over to him.
248) ARE – P1 one more copy.
249) As ordered certified copy of the endorsement dt : 27.03.2001 handed two Sri. A.k Doreraj as on28.03.2001.
250) Vide para 238 – baiable warrant issed and
251) ARE – 2
252) As ordered endorsement to the sub-registrar Bangalore North Taluk, Yelahanka is prepared and submitted for kind approval and signature.
253) ARE – 2
254) In response to our letter / endorsement dt: 11.04.2001 the sub – registrar yelahanka yours submitted the information called for the same is submitted in for site for kind perusal.
256) ARE – 2) By addressing a letter dated;11.04.2001 the sub-registrar , Bangalore North Taluk, yelahanka had been requested to intimate the number of document registered by him on or after 18.01.2001 presented by the Karnataka state judicial Department Employee House Building in respect of the sites situated in Judicial layout at Allandsandra Village in the format containing site no., name of the purchaser, dimension of site, date of presentation date of Registration and consideration amount.
257) Accordingly sub- registrar, Bangalore North Taluk yelahanka has furnished the required information in the format vide his letter dated: 17.04.2001 from which it is found that as many as 48 documents presented by the society after 18.01.2001 are registered 47 documents are registered on 30.03.2001 and one documents is registered with reference to the site number in the approved layout plan furnished by the society and found no variation with regard to the measurement of the sites or which documents are registered.
- Order with regard to issuance of Bailable warrant against Sri. C, Shiavalinga was kept in
abeyance till 24.04.2001 vide order of Hon’ble Upalokayukta dated 09.04.2001 hence further orders may be passed with regard to issuance of Bailable warrant against Sri C. Shivalingaiah and for execution of the order on para 238 of the note file.
Submitted for kind orders on para of the note file.
259) Hon’ble Upalokayukta)
Of appear that there ____________of these procceding by the High Court call on 18.07.20____
260) Karnataka State Judicial Department Employed House Building Co- operative Society Bangalore Has filed a writ petition against the Honb’le Upalokayukta in W.P.No. 15101/2001 and obtained interim order dated: 18.04.2001 , wherein the further proceddings before the Hon’ble Upalokayukta in compt: Uplok: BCD – 64: 99-2000/ and all connected proceddings are stayed.
261) Now, the D.P.A.R issued an order No: UPAr 225/L.C. /2001 Bangalore dated: 12.07.2001 authorising
Sri. Ashok Harnahalli, High Court Advocate, Bangalore to appear before the High Court on behalf of the Hon’ble Upalokayukta in the writ petition.
261) In view of the stay of all the further proceedings this file may be ordered to be called after vacation of stay in the W.P.
Submitted for kind orders on para 261 of the note file.
262) Hon’ble Upalokayukta.
263) ARE – 2)
264) Letter dated: 21.01.2002 received from Hon’ble Mr. Justice M. Ramakrishan chief justice (ltd) Wherein it is required to furnish by true copy of order st: 14.03.2001 submitted for
265) ARE – 2
266) As per oral instructions of Hon’bl;e Upalokayukta ______________ fils is forwarded to Hon’ble Upalokayukta Section.
269) As ordered endorsement addressed to the Respondent society is prepared are submitted for kind approval and signature.
270) ARE – 2
Signal Endoresment P1
271) As ordered, endorsement dt: 15.03.2002 addressed to the secretary KSJDEHB co- operative society Bangalore . if, approved this file will be forwarded to complaint section for recording.
272) ARE – 2
- Kindly persue the orders of Honb’e __________dtd: 13.03.2002 at note para 267, Supra These are 39 Revenue write pertaining to these are 39 Revenue Receipt Ba
Received in the office in connection with the investigation of the complaint matter on kind at present there book are not required to be maintained in this office.
If approved , a letter will be addressed to the
279) ARE- 2
280) Kindly peruse the letter dtd: 21.11.2005 of Sri _______________________________
281) ARE – 2)
281 ) ARE – 2 The application given by Sri. M. Anjanappa of Allalasandra GKVK post, Bangalore – 65, may kindly be seen, He has enclosed two endorsement dated: 30.05.1998 and 23.01.1990 and has requested our office to issue No- objection certificate he has stated that the land bearing Sy.No. 14/2, measuring one acre 22 guntas has been given up from acquisition for Judicial employees house building co- operative society.
The perusal of the files goes to show that in our office, the file is closed. This fact is clear from the perusal of Para 267 of N.f recorded by Hon’ble Upalokayukta. However , 39 Revenue Receipts Books have been with our office and then they pertain to CC Yelahanka, Bangalore North Taluk. However , the applicant has not shown as to under what provision of law the is entitled to receive or our office is duty bound to issue No- objection certificate and what is the nature of the No- objection certificate , Therefore this application may be rejected and he may be directed to approach other concerned authorities for No-Objection Certificate.
Addl.Registrar of Enquiries 2.
282) The Honb’e Registrar
283) Kindly persue the letter dt: 30.11.05 of Sri _________________
284) ARE – 2
The letter dt: 30.11.2005 may kindly be perused the petitioner has requested to recall the Stay Order Dated : 18.01.2001 in Complaint No. Uplok / BCD/ 64/1999-00. Earlier he had also filed a letter dated 21/11/2005with a prayer to issue No objection Certificate on that letter, this office had stated that this application may be rejected , Further that opinion was approved by the Registrar. This fact is clear from the perusal of Para 281 and 282 of N.F. Now, the applicant has come up with another application with a prayer to recall the stay order dated: 18.01.2001. The perusal of the records goes to show that the complaint was registered in Complaint No. Uplok / BCD/ 64/1999-00 and that the investigation was in progress. On 18.01.2001, an interim order was passed by the Hon’ble Upalokayukta restraining the Sub – registrar, yelahanka from registering the sale- deed executed by the society in respect of the sites formed in the Karnataka Judicial Employees Layout as Jakkur. However in respect of the transactions of the said society, a case is also pending in the Hon’ble High Court of Karnataka in W.P No: 15.01.2001 (Gm- RES). The Persual of the notes goes to show that at para 267 Hon’ble Upalokayukta has recorded thus:
“ On Suo- motu investigation certain allegations made against the office bearers of Co- operative Society was being examined.
This matter has been pending for almost three years. I was mainly concerned to preserve parks and play grounds and other civic amentity sites for the common good of the residents of the locality.
Now I find that no useful purpose would be served in keeping this matter pending. Ivestigation discontinued. File”.
From the above notes recorded by the Hon’ble Upalokayukta, it is clear that the investigation in this complaint has been discontinued and there is an order to file.
Now, the applicant has come up with his application dated 30.11.2005 stating that on account of the stay Order dated: 18.01.2001, this applicant has not been able to register the said land in the office of the sub- registrar he has made reference to Sy.No: 14/2 measuring 1 acre 22 guntas, whatever may be his merits regarding his contention and regarding his right to go for registration, however this much is clear that as he contends that out interim order is coming in the way of the Registering Authority, and as the said complaint at our office has been closed, it is just and proper on our part to recall the order dt: 18.01.2001 issued by the Hon’ble Upalokayukta therefore, in my opinion, Hon’ble Upalokayukta may be requested to recall the order dated: 18.01.2001 in view of this the Hon’ble Registrar is requested to recommend to Hon’bl;e Upalokayukta for withdrawal of the said interim order. However by way of clarification it may also be added that our office shall not be taken as having given any express or implied permission for alienation which would otherwise be illegal.
Addl. Registrar of Enquiries (2).
In view of the notes recorded by me on 03.12.2005 at para 284 and ion view of the directions issued by the Registrar on 03.12.2005 at para 285, Hon’ble Upalokayukta is requested to recall the Order dated: 18.01.2001 however, by way of clarification it may also be added that our office shall not be take as having given any express or implied permission for alienation which would other wise be illegal.
If approved , a letter will be written accordlingly to the sub- registrar, Bangalore North (Yelahanka).
Addl. Registrar of Enquiries (2).
287) The Hon’ble Upalokayukta
on the matter that is closed it would not be proper to pass any order file.
- The advocate for the applicant Sri. H. Anjanappa has submitted the application dt: 20.12.2005 requesting to furnish the copy of the orders dtd: 18.01.2001 at finf order copy dts: 18.03.2002 if approved copies will be given to them, with an instruction to pay the prescribed for in the office.
289) ARE – 2 Certified copy may be issued after due certification.
290) Are – certified copies signed and issued to the concerned advocate.
291) Hon’ble ARE -0 2
- Kindly perusal the letter
[A] Upa Lokayukta Suo moto Complaint No. COMPT/UPLOK/BCD/64/1999
Upa Lok Ayukta Judicial Order Sheet 90 Pages in pdf [ Read More ]
[B] Upa Lokayukta Complaint No. COMPT/UPLOK/BCD/125/2000 dated 7/8/2000 against N.Shivanna “VIOLATION OF RULES IN ALLOT MENT OF SITES IN KSJDEHBCS BANGALORE”.
[C] Legalized not only 156 Acres of lands illegally developed & forming / 2,100 sites; but also legalized 320 sites formed in un-acquired lands of 37 acres of lands.
11 VIP site Allottees including Lokayukta Y.Bhaskar Rao, sites formed in Un-Acquired Lands. Total 320 Sites