ANNEXURE-' O '

[ Page No. 63 to 67 . WP. No. 15101/ 2001 ]

KARNATAKA STATE JUDICIAL DEPARTMENT EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LMT.,
Address : High Court Building Bangalore 560 001.

Date: 01-12-2000.

Ref. No:- KSJDEHBCS/35/2000-01

To:

The Addl. Registrar, Enquires-2,
Karnataka Lokayuktha, M.S. Building,
BANGALORE - 560 001.

Sir,

Sub:- Allegations against the Secretary/Director of our society.

Ref:-

[1] Your kind letter No. UPLOK/BCD/125/2000-01/ARE-2 dated 14-11-2000.

[2] Your kind endorsement No. UPLOK/BCD-64/99-2000/ARE-2 dated: 23-11-2000.

Wither reference to the above, I beg to submit the following for kind consideration.
Under letter No. 1 [Supra] the society has been asked

[i] to produce the register of associate members or a certified copy of a list containing the associate members.

[ii] In formation regarding the mode of disposal of corner sites with reference to bye-laws or the resolutions/proceedings of the society.

[iii] the price fixed for site No. 1253 [site allotted to former chief Justice of Karnataka Hon'ble Sri. Justice Y.Bhaskar Rao]

[iv] the produce the copy of the letter Written to the purchaser

[v] copy of the resolution regarding allotment of site No. 1253.

[vi] explanation regarding the original allotment letter relating to the aforesaid site

[vii] to explain the discrepancies alleged regarding the dimensions of the said site, as per our register, and Municipal Records.

In this context, I bet to state that [1] copy of the list of associate members has already been submitted in along with regular members has already been submitted in along with regular members list and submitting again does not arise.

As regards the second one though earlier it was decided to auction the corner sites certain persons raised disputes and obtained stay of auctioning the corner sites and which came to be stooped. In the meanwhile problem relating to sites alloted to certain members on account of short coming in the dimensions and also problems erected by the land owners by filing suits as about 40 acres of lands which is within the layout as pocket lands coming in the middle here and there being settled out without being acquired by the Government and that even in the said unacquired lands sites being formed and allotment being made to the members of the society, by persuacing further acquisition of such lands with the Government and ultimately the Government did not acquired the said lands for the society, the society was left with no other options but to compromise with those owners of lands who had filed suits in respect of their lands being not acquired claiming that they are owners and to prevent the society, the allottes of sites in such lands, the society had to compromise with those owners to safeguard the sites formed therein and allotted to its members had to part with considerable numbers of sites to get and retain the title in respect of major portion of unacquired lands to such owners from out of available sites in the layout which was in the interest of the society and its members .

Regarding allotment of sites to former Chief Justice Hon'ble Mr. Justice Y. Bhaskar Rao of site No. 1253 the society has already clarified all the points raised in regard to the allotment of said site, with regard to Road Margin has been excluded by rectification deed. Regarding price as it become a corner site as per earlier resolution for sale of corner sites to Hon'ble Judges of High Court of Karnataka 1.5 [1 1/2] times of allotment value has been fixed and accordingly allotment were made to Hon'ble Judges such as [i] Justice V. S. Malimath [ii] Justice K.A.Swamy [iii] Justice S.R. Rajashekaramurthy [viii] Justice M. RamaKrishan in the same manner the value of the site No. 1253 has been fixed and allotted to justice Y. Bhaskar Rao and to wares the Road Margin land has been adjusted for the corner site value by informing same to him and has been asked to pay the balance payable for corner site which has been agreed to be paid by former Chief Justice Sri. Y. Bhaskar Rao. In view of the same nothing reaming to be clarified in this regard.

The society has emplowered and authorised the president or the society to make allotment of sites and such allotment made by the president of the society tot he members of the society both regular and associated members has been approved by the General Body meeting of the society which is the supreme authority in all matters of the society and when the General Body has approved all that, no other authority could take a did different decision in the matter . It there are any complaints by any individual in that regard it is open to them to question before appropriate forum under that the Karnataka co-operative societies Act particularly under section -70. In this regard I beg to state that so far any such complaint by any individual for this authority to enquire into has not given or furnished though it is mandate under section -9 of the Karnataka Lokyuktha Act as per the decisions of the Hon'ble Court in ILR KAR, L.J.2818 in the matter of Mr. Ranganarasaiah V/s State. Without furnishing such complaint copy to the society asking the society to furnish the said details and informant on is outside the scope of the Karnataka Lokayuktha Act and outside the preview of this authority.

It would be appropriate to being to the notice of the Hon'ble authority a recent ruling of the Hon'ble Supreme Court of India reported in A.I.R. 2000 SC 937 in the matter of state of Maharastra V/s Laljit Rashi Shah which is equally applicable in the interpretation of Section-127 [A] of Karnataka Co-operative Societies Act in which it has been laid down the Lokayuktha has no jurisdiction to deal with the maters of co-operative societies and in the light of said decisions matter if any on the basis of complaint by any individual or otherwise suo-moto is required to be dropped and closed . It may not be also out of place in mentioning the same or similar matter have already been raised before the registrar of co-operative societies under section-70 of the Act and even if it is not so it could braised under Section-70 under Karnataka Co-operative Societies Act and in view of the same also proceedings if any before this authority on any also complaint, as no copies are furnished to the society, be dropped in the light of the decission of the Hon'ble Supreme Court .

Date: 01-12-2000

Yours faithfully,

--Signed--

[S. SURESH KUMAR]
SECRETRY.

Registrar office of the Lokayukt
M.S. Building, Dr. Ambedkar, Road,
Bangalore - 560 001.

.. True Copy ..