JUDICIAL LAYOUT- Order in WP 7105/2007-Making karnataka into SLUM- 14 Years WP.PIL.40994/2002, CCC.87/2004, 7105/2007, The RAPE of HIGH COURT – by 867 Employee-Cum-Lokayuktas & Judges

Honble Justice RAM MOHAN REDDY & H.BILLAPPA
22/01/2016
Order in WP 7105/2007
After marathon arguments lasting for over five hours, we find from the records there is lack of material particulars over serious allegations touching upon the conduct of the business by the Society, said to be the beneficiary more than 154 acres of land acquired for a public purpose, by the State. The bye-laws have been read and re-read by all the learned counsel pointing to conditions relating to admission of persons as members and their rights to benefits. Earlier pronouncements of the Division Bench have also been referred to. Specific reference is made to Annexure-R10 to the statement of objections of the respondent-Society, being an order dated 29.9.2008 under Section 68 of the Karnataka Co-operative Societies Act, 1959 (for short Act ).

In the State of Karnataka, the respondent-House Building Co-operative Society is not only one which is registered under the Act , while there are more than a score of such societies. However allegation made by the petitioners touches upon the constitution, business and the working of the society which is also akin to every other house building co-operative society, since each of them are bound by model bye-law prescribed under the Act and Rules framed thereunder. In short, all house building co-operative societies are bound to have identical bye-laws as disclosed in the model bye-law. Any judgment rendered in this petition would affect every other society and therefore, a larger public interest is involved.

Arguments advanced over the maintainability of the petition is that petitioners are beneficiaries of allotment of sites and if such allotments are held to be illegal, petition ought to be rejected. That argument for the present is unsustainable since no conclusions are drawn over whether allotments are legal or illegal.

The question as to whether members, nominal and associate were entitled to allotment of sites in the layout and as to whether persons other than those who were employees of the judicial department and resided within the territorial jurisdiction of the society and did not possess any site/flat/apartment within the territorial jurisdiction of the society and who had served the department either continuously or intermittently for a period of five years, were disentitled to allotment or otherwise, deserves consideration. It is no-doubt true all allottees are not parties to this petition. Nevertheless, petitioners themselves are allottees, however, the nature of business transacted by the respondent-Society is the allegation of the petitioners.

Regard being had to Annexure-R10, the State Government to put-forth its say as to whether there was compliance by the respondent-Society over the directions contained in the order or whether any further proceeding were initiated pursuant thereto under the Act and Rules, in addition to, whether there was a challenge to the said order and if so, the outcome.

Respondent-Society to place before Court all relevant material, of which it is custodian in response to the allegations in the petition, by the next date of hearing.
Re-list on 4th March 2016.

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