ANNEXURE-'M'

[ Page No. 57 to 60 . WP. No. 15101/ 2001 ]

GOVERNMENT OF KARNATAKA

KARNATAKA LOKAYUKTA OFFICE
Adress : M. S. Building. Dr. Ambedkar Veedhi,
Bangalore - 560 001 .

Date: 14-11-2000

Ref. No:- Compt / Uplok / BCD. 125: -2000 - 01. ARE-2[272]

To:

The President/Secretary, Karnataka State Judicial
Employees' House Building Co-operative Society Ltd.,
High Court of Karnataka Buildings,
Bangalore.

Sir,

Sub:- Allegations against the Secretary/Director of Karnataka State Judicial Employees' House Building Co-operative Society Limited.

Ref:-

[1] This office letter of even No. dated 19-09-2000 and 16-10-2000.

[2] Your letter No. KSJEHBCS: 24: 2000-01 DATED 25-09-2000, 10-10-2000 and 27-10-2000.

With reference to the above subject, I am directed by the Hon'ble Upalokayuktha to call for the following information and to covey the following observation of Hon'ble Upalokayukta.

[1] In our office letter dated 19-09-2000 we had called upon to produce the register containing the names of the associate members. In response to this letter you have given a reply dated 10-10-2000 stating that the list containing the names of associate members has already been submitted. But, on perusal of file No. Compt/Uplok/BCD-64/99-2000 it is noticed that you have produced the copy of list of the members, the copy of members to who the sites allotted and copy of list of members purchased the corner sites. Thus, you have not produced either register of associate members or certified copy of a list containing the associate members. Hence, you have been called upon to furnish the register containing the names of associate members.

[2] In your letter dated 10-10-2000, it is stated that value of the corner sites is 11/2 [one and half] times, the normal value of the middle sites. It appears corner sites are being auctioned always by the society among the eligible members. Therefore, you are called upon to furnish the information with regard to the mode of disposal of corner sites with reference to the bye-laws or the resolution/proceedings of the society.

[3] In our office letter dated 19-09-2000 we had requested you to intimate whether the excess amount collected from the purchaser of the site No. 1253 has been refunded. If so, the date and cheque number and the bank on which it is drawn. In this regard it is stated by you that after rectification deed site No. 1253 has become a corner site, so its value becomes 11/2 times the normal rate of the middle site. Hence, you have called upon the Vendee to pay the balance amount to make good the value of the corner site. Hence, the excess amount so collected has not been refunded. In this regard, you are called upon to state what is the price of site No. 1253. What is excess amount paid has been adjusted and the balance amount to be paid by the purchaser. You shall produce the copy of the letter written to the purchaser, in this regard calling upon him to pay the balance amount.

[4] In our office letter dated 19-09-2000, we had requested to produce the copy of the resolution/proceeding under which site No. 1253 is allotted to the Vendee. In this regard, in your letter dated 10-10-2000, no reply has been furnished nor, the copy of the resolution/proceedings of sites No. 1253, furnished. Hence, it is treated that without being the proceedings/resolution, site No. 1253 has been allotted and sold by the society.

[5] In our office letter dated 19-09-2000, we have requested to furnish the copy of the allotment order/letter pertaining to site No. 1253. In this regard, it is stated by you that copy of the allotment order has been given tot he Vendee. But, the society has to deliver the original allotment order mainining the office copy. Therefore, explanation given by the society in this regard is not accepted.

[6] It is stated by you that the correct measurement of site No. 1253 is 68 + 62/2 X 72.6 + 65.3/2. By oversight in the sale deed, the measurement was shown as 98 + 92/2 X 72.6 + 65. 3/2. But, it appears on perusal of the assessment register maintained by the city Municipal council, Yelahanka that the measurement of site No. 1253 is shown as 98 + 92/2 X 72.6 + 65. 3/2. Therefore, you are called upon, to furnish the steps taken to record the correct measurement of the site No. 1253 in Assessment register of C.M.C. Yelahanka.

[7] 62/2 X 72.6 + 65.3/2. By oversight in the sale deed, the measurement was shown as 98 + 92/2 X 72.6 + 65. 3/2. But, it appears on perusal of the assessment register maintained by the city Municipal council, Yelahanka that the measurement of site No. 1253 is shown as 98 + 92/2 X 72.6 + 65. 3/2. Therefore, you are called upon, to furnish the steps taken to record the correct measurement of the site No. 1253 in Assessment register of C.M.C. Yelahanka.

[7] Thus, the above required information and document should reach this office on or before 01-12-2000.

[8] As ordered by the Hon'ble Upalokayukta, if satisfactory reply is not given you will be summoned to appear in person before the Hon'ble Authority.

Yours faithfully,

--Signed-- 14-11-2000

[C.Y. ILLUR] Addl. Registrar Enquiries -2
Karnataka Lokayukta, Bangalore.

************************ True Copy ************************