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pankaj mody <modyps@gmail.com> 

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 May 26 

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May 26, 2008 2:57 PM

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SOS TOP PRIORITY REMINDER 1 FOR THE REVENUE SECRETARY :- Fwd: MY COMMENTS TO THE REPLY DATED 30 4-2008 OF THE REVENUE DEPT Fwd: SOS MESSAGE LETTER TO THE COLLECTOR BEFORE EVERY THING TURNS TO ASHES DUE TO BREACHES OF CITY MAMLATDAR Fwd: SOS MESSAGE F

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SOS TOP PRIORITY REMINDER 1 FOR THE REVENUE SECRETARY

FROM :- PANKAJ S MODY
2ND FLOOR , JANMANGAL APT
40 BRAHMAN MITRA MANDAL SOCIETY
PALDI , AHMEDABAD 380006
EMAIL :- modyps@gmail.com

May 26 2008

The Revenue Secretary,
Government of Gujarat
GANDHINAGAR GUJARAT

Respected Sir,

Kindly refer to my earlier email dated 20th May 2008 which has not
been replied by you till date.

I once again request you to be kind enough to provide your detailed
reply promptly BY EMAIL latest by tomorrow afternoon

I do hope that your secretary would be kind enough to immediately
acknowledge receipt of present email to me

Thanking you

Yours most respectfully

Pankaj S Mody

Enclosure of email

———- Forwarded message ———-
From: pankaj mody <modyps@gmail.com>
Date: Tue, 20 May 2008 17:19:36 +0530
Subject: MY COMMENTS TO THE REPLY DATED 30 4-2008 OF THE REVENUE DEPT
Fwd: SOS MESSAGE LETTER TO THE COLLECTOR BEFORE EVERY THING TURNS TO
ASHES DUE TO BREACHES OF CITY MAMLATDAR Fwd: SOS MESSAGE FOR MOST
URGENT ATTENTION :- COMPLAINT AGAINST CITY MAMLATDAR P
To: secrev@gujarat.gov.in
Cc: csguj@gujarat.gov.in, “A.K.Sharma (IAS)” <sectocm@gujarat.gov.in>,
ustojs@gujarat.gov.in

                                                            From:- Pankaj S
Mody

2nd Floor, Janmangal Apt

40 Brahman Mitra Mandal Soc

Paldi , Ahmedabad 380 006

Email modyps@gmail.com

Dated  20th May 2008

To ,

The Revenue Secretary

Government of Gujarat

Gandhinagar

Respected Sir,

Your reference letter:-   HKP-202008-1028-J dated  30th April , 2008
pursuant to letter from collector office dated 8-4-2008  bearing reference
cb/land/1/chadavad/2008/1 in relation to my letter dated 26-3-2008 in
relation to takrari nodh  74/07 pertaining to entry 5975 and 4913. .

Reference letter:-  Jansampark reference letter vide 159539/2008 dated
11-3-2008  from the Jansampark office of the Chief Minister.

My earlier correspondence with the collector office is available on
www.psmody.wordpress.com .

—————————————————

1.   Kindly refer to your letter brief letter dated 30–4-2008. My earlier
email dated  26-3-2008 is annexed herewith for ready reference.

2.  I am totally dissatisfied by the brief reply given  by the Revenue
Department.

3.   It is apparent from your reply that your reply is a stereo reply
forcing me to incur cost on appeal on account of serious breaches negligence
of the City Mamlatdar.

4.  I have approached the Collector office under their swagat scheme to
point point out the  serious breaches of the  City Mamlatdar.

5.  I look forward to your independent detailed observations regarding the
contents of my earlier representation under SWAGAT SCHEME which would have
been done by now.

6.  The City Mamlatdar Ms Mamta Sojitra must* have a remarkable stroke of
genius* in her in case she has studied  my written submissions on
9thOctober 2007 and pass the Order the same day on 9
th October 2007. The said written observations on 9th October 2007 are
already on taken on record of 407 pages of documents in takrari nodh 74/07.

7.  Kindly furnish detailed observations to myEMAILS  instead of a brief
reply with a copy marked to me by tomorrow noon  and to the Secretary to the
Chief Minister   and the  Office of Chief Minister at Jansampark so that the
issue can possibly be discussed in the  upcoming Jansampark  program being
possibly  held on  22nd May 2008 , Thursday.

8.   A copy of the present email is being marked to the Collector of
Ahmedabad so that he can  submit  his own independent observations to my
various representations in the emails under Swagat scheme of Collector.

9.  I humbly request you to be kind enough to let me know in detail as to  why
*the initiative* should be not taken by the Collector office and Revenue
department  for quashing the order passed by the City Mamlatdar and steps
taken to protect my rights in the property as the construction has been
commenced by Harekrishna Developers.

10.                     The then collector- Mr Diwedi during the Swagat
meeting in March 2008  had informed to me  that vigilance  inquiry is being
conducted on the conduct of City Mamlatdar-  Mamta Sojitra. I feel those
were just soothing words to console me. The inquiry has to be swift the way
Harbhajan Inquiry was concluded recently in the world of cricket as reported
in news papers. Under the present circumstances, to start with *she needs to
pay for all my legal expenses for appeal*. This does not come cheap and it
really pinches when the person is broke. Even a mentally strong person has
to begin considering the option of committing suicide. This is what is the
Collector office is suggesting to protect the corrupt City Mamlatdar like
Mamta Sojitra.

11.                     I am the last person to accept the stereo routine
reply of the Revenue Department for filing an appeal .I have come under
Swagat scheme of the Collector for rectifying glaring and obvious gross
negligence and misconduct of  the City Mamlatdar. In case, you as a learned
Revenue Secretary is not able to see the glaring negligence and misconduct
of the City Mamlatdar, then the best thing is to gracefully opt for other
departments.

12.                     The Collector office is taking advantage of
the  goodness
of  the  Honorable Chief Minister.  What the Collector office needs is wrath
and fury of Ms Indira Gandhi whereby the shivers run down the spine of the
staff under the Collector office.

13.                     As a concerned citizen, I do not wish the image of
caring  Hon’ble  Chief Minister   of Gujarat getting tarnished  on account
of  Trojan Horse ( one can easily make out from the conduct of the City
Mamlatdar Mamta Sojitra) in the Collectorate office especially when Shri
Narendrabhai  treats all the  citizens of Gujarat as part of his family.

Thanking you.

                                       Yours most respectfully,

Pankaj S Mody

———- Forwarded message ———-
From: pankaj mody <modyps@gmail.com>
Date: Mar 26, 2008 7:39 PM
Subject: Fwd: SOS MESSAGE LETTER TO THE COLLECTOR BEFORE EVERY THING TURNS
TO ASHES DUE TO BREACHES OF CITY MAMLATDAR Fwd: SOS MESSAGE FOR MOST URGENT
ATTENTION :- COMPLAINT AGAINST CITY MAMLATDAR PURSUANT TO QUESTION 47 AND 48
RAISED IN FEBRUARY SCHEME OF SW
To: secrev@gujarat.gov.in
Cc: csguj@gujarat.gov.in, secpers@gujarat.gov.in, seclegal@gujarat.gov.in,
ustojs@gujarat.gov.in

*From :- *

*Pankaj S Mody*

*2nd Floor, Janmangal Apt*

*40 Brahman Mitra Mandal Society *

*Paldi, Ahmedabad 380006*

Email modyps@gmail.com

*Mobile** no 94270-26109*

*March 26, 2008 *

*The Revenue Secretary*

*Government of Gujarat *

*Gandhinagar*

Respected Sir,

*SUBJECT:- Letter from the Chief Minister’s office regarding Entry 5975 and
Entry 4913, *

1.      This is in reference to the letter dated 11-3-08 received from the
Office of Jansampark of the Collector vide reference no 15953. The same is
annexed herewith for reference as per the internet link
http://del.icio.us/mody08/JS-REPLY-11-3-08-rev

2.      I am marking copy of the correspondence with the Collector Office
under their Swagat programme for your independent observations , reference
and remarks. The correspondence with the Collector can be referred on my
blogsite internet link:- http://psmody.wordpress.com/ . Your office can
download the pages for ready reference  as well read the messages online.

3.       In this connection , I am drawing to your attention that the City
Mamlatdar has primarily ignored the entry 4913 present in the Record of
Right at the time of so called  sale deed on 2-4-2007 . This is pertaining
to the stay of the Revenue Department. As long as this entry was present in
the record of right, the City  Mamlatdar  ought not to have passed any
further entries and in particular that  of  sale deed entry 5975 without
examining various issues in detail . I am afraid that this is not done. This
also shows that the City Mamlatdar considers herself to be above the Revenue
Department  and does not have any regard for the Revenue Department which is
above  her position. Such attitude of the City Mamlatdar cannot be tolerated
at all by the Revenue Department at all.

4.       Secondly, the City Mamlatdar has totally ignored the spirit of
directions given by the Gujarat High Court as regards the registration of
Lis Pendens in the revenue records in light of the Orders passed by Order
passed by the Honourable  Justice of Gujarat High Court Mr.Jayant Patel  passed
on  4-8-2006 The same is annexed herewith  for you ready reference in form
of internet link http://del.icio.us/mody08/swagat-annexure-21The City
Mamlatdar considers herself to be superior to Gujarat High Court which is
absurd. On account of negligence of the City Mamlatdar  and the Collector
the entire bunglow has been demolished  by Harekrishna Developers who has
misled and suppressed vital facts to obtain favourable orders. .

5.      I am also referring to other gross misconduct on the part of City
Mamlatdar  as referred on the internet link so that you can  immediately
form an independent  opinion and bring it to the notice of the  Honorable
Chief Minister so that  Honorable Chief Minister. The internet link is
annexed herewith for your ready reference   *
http://del.icio.us/mody08/wp-psm-w-gist*

6.      As a precautionary measure and as an interim measure   , it is
absolutely necessary that you  would be kind enough to take immediate
measures to protect my interest in the property  on account of the pending
civil suit filed by me especially when the Sessions  Court has issued
notices to the promoters of Span Medicals Limited to attend the Court
proceedings ( Span Medicals  who in turn sold this  property to Harekrishna
Developers- the subject matter of the entry 5975).  It is absolutely
necessary *that you take lightining steps to seal the property  and hold the
same in the custody of the  Collectorate as an interim measure* preferably
by tomorrow as I foresee other parties pouncing on this property so as to
cause multiplicity of proceedings for me one after the other to protect my
rights.

7.      I am extremely disappointed that the City Mamlatdar  is not
concerned at all when the company is being High jacked  in guise of
amalgamation with the help of  Bunty aur Bubbly team  ( starring Abhishek
and rani mukherjee) in real Life .

8.      A copy of this correspondence will be brought to  the notice of the
Gujarat High Court in case you decide to extend support to the serious and
gross breaches of violation of the City Mamlatdar and take the matter
lightly.

9.      The copy of the email is also being  marked to Jansampark for their
information.

10.  Kindly acknowledge receipt of the present email  and be kind enough to
furnish your observations as every second and minute is important for me.
Therefore treat this as most important and most urgent.
11.  I do expect that you are able to size up the situation
immediately  especially
when the City Mamlatdar could dictate the Order on 9th October 2007 within  one
to two hours of  receipt of my written submissions on 9th October 2007
itself.- a remarkable achievement and a stroke  of extraordinary  genius -,
if I may say so  !!!!.

Thanking you.

*
Yours sincerely, *

*
                       Pankaj S Mody *

———- Forwarded message ———-
From: pankaj mody <modyps@gmail.com>
Date: Mar 26, 2008 2:21 PM
Subject: SOS MESSAGE LETTER TO THE COLLECTOR BEFORE EVERY THING TURNS TO
ASHES DUE TO BREACHES OF CITY MAMLATDAR Fwd: SOS MESSAGE FOR MOST URGENT
ATTENTION :- COMPLAINT AGAINST CITY MAMLATDAR PURSUANT TO QUESTION 47 AND 48
RAISED IN FEBRUARY SCHEME OF SWAGAT
To: “COLLECTOR,AHMEDABAD” <collector-ahd@gujarat.gov.in>

 *( WITH HUMBLE REQUEST TO READ THE LETTER ON INTERNET ITSELF DIRECTLY SO AS
TO IMMEDIATELY SIZE UP THE SITUATION  FOR CORRECTIVE ACTION WITHOUT ANY
FURTHER DELAY) *

*From:-
       PANKAJ S MODY *

*2ND FLOOR, *

*JANMANGAL APT *

*40 BRAHMAN MITRA MANDAL SOC*

* PALDI, AHMEDABAD 380 006*

Email modyps@gmail.com **

*Mobile** no 94270-26109 *

* *

*March 26, 2008 *

          To,

*The Collector of Ahmedabad*

*Collector Office *

*Subhash** Bridge***

*Ahmedabad  *

* *

*      NOTE:- *( *WITH HUMBLE REQUEST TO READ THE  LETTER  ** **ON INTERNET
ITSELF *

*DIRECTLY SO AS TO IMMEDIATELY SIZE UP THE SITUATION FOR CORRECTIVE
ACTION  WITHOUT
ANY FURTHER DELAY*) **

*   *

*Respected Sir, *

* *

*SUBJECT**:- IN RELATION TO  QUESTION 47 AND 48 PURSUANT TO MY PETITION
LETTER DATED 5-2-2008  UNDER SWAGAT SCHEME OF COLLECTOR OF AHMEDABAD *

* *

*REFERENCE LETTER**:- Chief Minister’s Office communication dated 11-3-08
(file number 159539/08) ( INTERNET LINK:-* *
http://del.icio.us/mody08/JS-REPLY-11-3-08-rev)  is  pertaining to the entry
4913 and 5975 in record of right passed by City Mamlatdar on 9th October
2007 under takrari nodh 74/07. *

*SOME OF REFERENCE  INTERNET LINKS** :-      *

* *

*DETAILS *

*INTERNET LINK *

*30-5-07 LETTER*

http://del.icio.us/mody08/wp-psm-w-30-5-07**

*9-10-07 LETTER *

*http://del.icio.us/mody08/swagat-annexure-24*

*5-2-08 LETTER*

http://del.icio.us/mody08/wp-psm-w-5-2-08**

*26-2-08 LETTER*

*http://del.icio.us/mody08/wp-psm-w-26-2-08***

*27-2-08 reply *

*http://del.icio.us/mody08/27-2-08-FROM-MAMLAT*

*28-2-08 LETTER*

http://del.icio.us/mody08/wp-psm-w-28-2-08**

*14-3-08 LETTER and major annexures link *

*http://del.icio.us/mody08/wp-psm-w-14-3-08-mam*

*http://del.icio.us/mody08/wp-psm-p-14-3-08-annex-link*

* Gist of complaint against city mamlatdar *

*http://del.icio.us/mody08/wp-psm-w-gist*

* *

*Summary of communication to collector in SWAGAT SCHEME *

*http://del.icio.us/mody08/sum-com-q47-q48*

* *

————————————————-

*1.    **This is in reference to the meeting held under Swagat Program by
you on 28-2-08 in relation to my questions 47 and 48.During the meeting, I
had given very important letter dated 28-2-08 to you IN PERSON  so that you
are  able to probe the matter minutely WHEREBY  you can get insights of how
the system works in the Collectorate office   to perform SWAGAT TO BUILDER
COMMUNITY  such as Harekrishna Developers. I am eager to have your detailed
findings in relation to my above letter dated 28-2-2008.*

*    *

*2.    **I have also received recently from the Chief Minister’s Office
communication dated 11-3-08 (file number 159539/08) which is pertaining to
the entry 4913 and 5975 in record of right. The  letter from  Office of the
Chief Minister is as per the internet link as :-  *

*     http://del.icio.us/mody08/JS-REPLY-11-3-08-rev*

* *

*3.    **As discussed on 28-2-08 during the meeting with you, I have already
sent on 14-3-08 comprehensive complaint against present City Mamlatdar- Ms
Mamta Sojitra on account of the orders passed on 9th October 2007 in
relation  to  Takrai Nodh 74/07 in favour of Harekrishna Developers. The
said letter dated 14-3-08 had minor errors and hence the said letter has
been rectified while revised copy was sent on 18-3-08 by email to you and
was also hand delivered in the Collector  Office on 19-3-08.I have also
given my observations and remarks to the reply given by the City Mamlatdar
on 27-2-08 in my letter dated 14-3-08 in the enclosure thereto. It was
necessary for the office of City Mamlatdar as well as the Talati and Circle
Inspector to warn Span Medicals and others so that the property do not get
sold or  demolished in light of Lis Pendens registered with the Sub
Registrar office as [part of Good Governance measures especially when
assurance was given by the Circle officer on 13-2-07 that they are not going
to pass any fresh entry by  taking note of presence of my pending Civil
Suit.     *

* *

*4.    ** I am posting the letter dated 14-3-08 annexing most of the
enclosures by way of internet links so that you are simultaneously able to
quickly  assess and size up the  subject  matter effectively on online
 INTERNET
itself especially to  the serious  breaches on the part of City Mamlatdar
and take on the spot decision to act to prevent further damage to me and my
rights. The situation is similar of a person drowning while the Life Guard
is choosing to be a mute spectator  while the person continuing to scream
and shout  for immediate assistance . The situation is also more or less
like  a firebrigade coming after everything has turned to ashes. Your words
of comfort in the meeting on 28-2-2008 does not have any meaning in case you
do not take immediate proactive action immediately  without losing  a single
moment. *

* *

* *

*5.    **This would enable you to arrive at immediate conclusion right away
that the City Mamlatdar has passed Orders deliberately  in undue haste and
has extended favour to Harekrishna Developers and primaefacie  indicating
collusion with them while  causing  hardship and damage to my rights in the
property leading to  multiplicity of proceedings. In reality, The SWAGAT
scheme is silently pursued by the City Mamlatdar for the benefit of builders
like Harekrishna Developers and not for genuine common men in the city of
Ahmedabad fighting for justice.*

*  *

*6.    **I am also reminded of famous story from Sherlock Holmes which is
referred even by lawyers too . This is being reproduced as under :- *

Gregory (*Scotland Yard <http://en.wikipedia.org/wiki/Scotland_Yard>*
detective):
“Is there any other point to which you would   wish to draw my attention?”
Holmes: “To the curious incident of the dog in the night-time.” Gregory:
“The dog did nothing in the night-time.” Holmes: “That was the curious
incident.”

*The City Mamlatdar has chosen not to bark and bite Harekrishna Developers
(coming  from builder community)  very much  means that  the City Mamlatdar
owes her loyalty to the Builder community as they are able to meet the
expectations of the City Mamlatdar’s office  especially when the Order dated
9th October 2007 is completely silent on my written submissions of
9thOctober 2007 amongst the Gist of breaches committed by the City
Mamlatdar
on my website link.   *

*7.    **  I humbly request you to minutely go through the  Order
dated 9thOctober 2007 passed by the City Mamlatdar
and quietly apply the test  as under:- *

“*If a man is called to be a street sweeper, he should sweep streets  even
as Michelangelo painted, or Beethoven composed music, or Shakespeare wrote
poetry. He should sweep streets so well that all the host of heaven and
earth will pause to say, here lived a great street sweeper who did his job
well.- Martin Luther king** “** *

*I am sure that you would also have no hesitation in rejecting the Order
passed by the  City Mamlatdar and you would be  fuming mad too on account of
such poor performance especially when she is not a novice in this field.   *

*8.    **On account of serious and unpardonable conduct of the City
Mamlatdar , it is necessary on the part of the Office of the Collector to
take all the   necessary   additional steps immediately   to  prevent
further damage to my rights  especially when Harekrishna Developers has
commenced  construction on the disputed property   and  further delays would
invite fresh multiplicity of legal proceedings unnecessarily  and ultimately
I may have to abandon fighting for my rights on account on account of
inability to cope up at this age single handedly  on account of  health and
lack of financial resources. *

* *

*9.    **The misconduct on the part of the City Mamlatdar is so obvious  that
there is no option   for you  but to take suitable preventive action to
protect my rights in the property while taking  harsh measures against the
City Mamlatdar.*

* *

*  *

*10.**I would appreciate very much if you would be kind enough to provide
detailed reasoned  reply by today  evening of 26th March 2008 to the
undersigned as well as to the Honorable Chief Minister of Gujarat  indicating
the preventive action steps being  initiated by you to prevent further
damage to me and my rights  as referred in my earlier correspondence with
you . Your immediate reply would help me decide further course of action.***

* ***

*11.**I also feel that there might be other agencies who want to hamper my
rights in the property in case the Collectorate office remains passive or
turn blind eye by not taking swift and decisive action against City
Mamlatdar and Harekrishna Developers. It goes without saying that
Harekrishna Developers has  misled the Collectorate office and has also
suppressed vital facts to the Collectorate Office so as to manage Orders
passed in its favour and commence construction on the property. Still there
is time to take stern action  against Harekrishna Developers ( and others)  and
the  City Mamlatdar so that the spirit of Good Governance initiated by  the
Honorable Chief Minister meets the expectations of common men of Gujarat.***

* *

*    **    *

*12.**Kindly acknowledge receipt of the present email by your good self.   *

* *

*Thanking you. *

* *

*                                                           **Yours most
respectfully, *

* *

*                                                                   Pankaj S
Mody *

*                                                                  *

———- Forwarded message ———-
From: pankaj mody <modyps@gmail.com>
Date: Mar 18, 2008 11:30 AM
Subject: SOS MESSAGE FOR MOST URGENT ATTENTION :- COMPLAINT AGAINST CITY
MAMLATDAR PURSUANT TO QUESTION 47 AND 48 RAISED IN FEBRUARY SCHEME OF SWAGAT
BY COLLECTOR
To: “COLLECTOR,AHMEDABAD” <collector-ahd@gujarat.gov.in>

 *NOTE:-  I AM SENDING COPY OF THE LETTER DATED 14-3-08 HAND DELIVERED TO
THE COLLECTOR OFFICE ON 14-3-08. THE RECTIFICATION OF TEXT OF THE LETTER
 HAS BEEN CARRIED OUT HERE IN THE PRESENT EMAIL . THE EMAIL DOES NOT HAVE
THE ANNEXURES ATTACHED IN THE EMAIL*

From:-

Pankaj S Mody

2nd Floor, Janmangal Apt

40 Brahman Mitra Mandal Soc

Paldi , Ahmedabad 380 006

Email modyps@gmail.com

Dated:- 14-3-2008

To

*The Collector of Ahmedabad-* For attention of Shri D. Diwedi

*Collector’s Office *

*Shubash** Bridge*

*Ahmedabad *

*Respected Sir, *

*Subject:- Charges of Misconduct of CITY MAMLATDAR  in Takrari Nodh
Proceedings 74/07 relating to Final Plot 768/10, TP Scheme 3/5 varied,
situated on C G Road , Ahmedabad in relation to Question 47 and 48 in SWAGAT
MEETING ON 28-2-2008*. and letter dated 28-2-08 submitted during the meeting

        ————————————–

1. I refer to my attendance upon your good self on 28-2-2008 wherein you
requested me to  reaffirm *reformate* the misconduct *charges*  against City
Mamlatdar which I am setting down herein below. I am also replying to
several points replied by the City Mamlatdar on 27-2-2008 VIDE SCHEDULE “*
PSM-A*” annexed herewith and I am totally dissatisfied by her irresponsible
and casual and indifferent reply . I am also bringing to you that the City
Mamlatdar has evaded to give detailed findings referred under nine
paragraphs as referred in my letter dated 26-2-2008 pertaining to the
objection letter dated 30-5-2007. I am also referring to her misconduct
against her in following paragraphs . I am also enclosing necessary
documents herewith for your kind attention and referred at the end of this
petition letter.

2. The City Mamlatdar received in 2007 ( dates unknown to me) in takrari
nodh 407 pages. The details are as under :-

·       *From Harekrishna Developers – 256 pages ( page no 9-37, 119-175,
181-337,347-355) *

·       *From Talati/Circle Officer -34 pages in total ,(Page no 1 to 7, 39,
55, 57, 115, 391-407) .*

·       *Pankaj Mody – 117 pages in total ( 41-53, 59-113, 117, 177-179,
339. 341-345, 357-389 ) *

As per the records of Takrari Nodh records, I provided to Talati as well as
City Mamlatdar/Talati’s office – about 117 pages of documents (strangely did
not include letter dated 25-1-2006, 6-2-2007, 13-2-07,20-4-07, 16-5-07). For
sake of reference , I am  once again annexing copy of letter dated 25-1-2006
 relating to registration of Lis Pendens document pertaining to Civil Suit
5827/2001 pending in Bhadra City Civil Court relating to the Final Plot
768/10. I am once again also annexing reply dated 13-2-2007 from the Circle
Inspector ( Javak No 39/07).

3. The City Mamlatdar failed to ensure that I should receive copy of all the
documents received by her from Harekrishna Developers and talati’s office
namely 290 pages to enable me to consider the same and put up my stand
interalia thereto. The City Mamlatdar on 29 September 2007 forwarded to my
advocate Ms. Meena Vyas enclosures received by her from Harekrishna
Developers totaling about 60 pages. On the same day, Harekrishna Developers
also forwarded one more set being copy of said of about 60 pages vide their
letter 29-9-07 ( Page no 347 of takrari nodh records) to Advocate Ms Meena
Vyas. It seems that both Harekrishna Developers and the City Mamlatdar were
working in tandem. Prior to 29-9-2007, the City Mamlatdar knew that she had
not forwarded any documents to me. On 4-9-07 by *my *then Advocate (Ms Meena
Vyas) had received vakilatnama and on 11-9-07 had requested copy of all
documents requested *received* by the City Mamlatdar from Harekrihsna
Developers .On 18-9-07 my lawyer requested for all such documents received
from HAREKRISHNA DEVELOPERS  and my lawyer  informed that she would require
15 days from receipt of copy of each of Harekrishna Developers’ documents
submitted by *to *City Mamlatdar.

4.    I had no knowledge till November 7, 2007 that City Mmamlatdar had
received altogether 407 pages of documents, which she considered in
finalizing her Order dated 9th October 2007. Apart from about 60 pages
received by me on 29-9-2007 by my lawyer Meena Vyas , neither I nor my
lawyer had any knowledge of balance documents thereby seriously prejudicing
me in presenting of my case to her. My then Lawyer and I had prepared
Written Submissions on 9-10-07 based on 60 pages of documents received by
her on 29-9-07 from City Mamlatdar and Harekrihsna Developers. The City
Mamlatdar failed to ensure that I or my lawyer received that I or my said
lawyer received additional 290 pages of documents prior to 9th october 2007.

5. The City Mamlatdar gravely mis conducted herself:- (a) On 3/10/2007 Mr.
Deepak Vyas ( Advocate assistant of my lawyer) had handed over copy of
Judgment of Honorable Justice Jayant Patel to City Mamlatdar ( Deepakbahi
Manilal Patel against State of Gujarat) regarding directions to Mamlatdar
for registering of Lis Pendens  which I humbly submit the City Mamlatdar was
obliged to follow being an inferior tribunal to Gujarat High Court. The City
Mamlatdar did not comply with the said directions and failed to direct
talati to register my Suit’s Lis Pendens. In her order dated 9-10-2007 , the
City Mamlatdar has deliberately and wrongfully asserted at page 2 of her
said Order ( first line of the said order) that “*I had filed said SCA
16255/2006* ” which assertion was wholly baseless and untruthful. The City
Mamlatdar ought to have known from the judgment of Honorable Justice Jayant
Patel that I was not party to said proceedings and yet in her Order she *has
asserted and wrongfully concluded that I had lost SCA 16255/06*.

6. No hearing date were given and no hearing took place before the said City
Mamlatdar which is in violation of rules of natural justice and also amounts
to Serious misconduct. The City Mamlatdar issued her Order on 9-10-2007
without any hearing and thereby prevented me and my lawyer to assert my
stand and various legal and technical points and prevented cross examination
of Harekrishna Developers and others who had submitted the afore stated 290
pages of documents.

7. The City Mamlatdar knew that being an inferior tribunal she has to comply
with the judgment of supreme *higher* court, namely of Gujarat High Court in
the said SCA 16255/2006. She deliberately and wrongfully evaded compliance
of the same by deliberately misstating following wrongful facts in her order
dated 9-10-2007:-

·       (i) That I had lost Civil Suit 5827/2001 in Bhadra City Civil Court.

·       (ii) Thereafter I appealed there from to Gujarat High Court which
came for alleged hearing before two Judges and which I lost on 30-11-2006.

·       (iii) That Special Civil Application 16255/2006 was filed by me in
Gujarat High Court and I had lost.

NOTE :- None of the above three conclusions are truthful and no such
evidence was ever given by me or by my two lawyers to the City Mamlatdar.

8. The City Mamlatdar failed to obtain from Harekrishna Developers or from
the *their* lawyers A C Damani in support of their assertion (that I had
lost my Civil Suit 5827/2001). I submit that she should have obtained
appropriate Certificate from City Civil Court as regards alleged dismissal
of my said Civil suit 5827/2001. All along I and my lawyers had informed the
said City Mamlatdar and talati office right from January 2006 that my said
Civil Suit 5827 of 2001 is pending in Bhadra City Civil Court and the same
is subjudice.

9. The City Mamlatdar further gravely mis conducted herself in not preparing
the following :-

i. Index of documents consisting of page 1 to 407 referred to by her at last
page of 9th October 2007.

ii.                     Having discussions with Hare Krishna Developers and
their lawyers unknown to me and my lawyers and *in my lawyers’ and my
absence*.

iii.                Written records of all the discussions and meeting that
took place between City Mamlatdar and Harekrishna Developers and /or their
Lawyer (A C Damani) wherein City Mamlatdar was acting in judicial capacity.

10. Most of the documents tendered to Talati’s Office and City Mamlatdar by
(Harekrishna Developers and others) requires authenticiation and the maker
thereof to be crossexamined as the said documents are in contravention of
various laws like Indian Evidence Act , Indian Registration Act, Indian
Stamp Act, Transfer of Property Act, Bombay Revenue Code as applied to
Gujarat etc. The City Mamlatdar should have looked into these documents
before accepting the same.

11.                     *Over and above her gross misconduct as referred
above, I am narrating finer and additional misconduct of City Mamlatdar as
under*:-

(a) *Not granting Adjournment and hearing in the matter:-* *As per page No
347 ,Harekrishna Developers gave papers on 29-9-2007 to my advocate Ms.
Meena Vyas and hence sufficient adjournment ought to have been given on
3-10-2007 on application made by my advocate. The City Mamlatdar arbitrarily
decided not to give adjournment while orally stating that she would accept
written submissions provided that the written submissions are submitted in
next 8 to 10 days. The City Mamlatdar refused to give any fresh hearing at
all. This shows that I am being purposely deprived of a hearing which is
against principles of natural justice with a deliberate intention of causing
me undue hardships , litigations and expense to extend undue favour to
Harekrishna Developers so that they can carry on the construction activity.
In reply dated 27-2-08 , the City Mamlatdar has given reply to Paragraph
that the authorities did not have necessary details so as to register the
Lis Pendens document The City Mamlatdar ought to be aware of the letter
dated 25-1-2006 addressed to Circle Inspector and City Mamlatdar wherein
necessary details have been given as regards to the document of Lis Pendens
registered regarding the property with Sub Registrar’s office as regarding
pending Civil suit in the referred disputed property. Once this fact was
known to the authorities , it was the duty of City Mamaltdar to take on
record Notice of Lis Pendens*.

(b) The City Mamlatdar has taken written submissions dated 9th October 2007
on record of takrari nodh but has not bothered to seek written
clarifications from Harekrishna Developers in this regard which primae facie
indicates that the City Mamlatdar had already decided in advance that she
wants to pass order in favour of Harekrishna Developers and has taken care
that no remarks are made in her Order dated 9th October 2007 as regards to
my written submissions dated 9th October 2007 (submitted by me) so that such
written submissions does not get observed later by higher authorities.All
this clearly suggest that the City Mamlatdar was in collusion with
Harekrishna Developers.

(c) The City Mamlatdar has managed to inform about the Order dated 9th October
2007 to Harekrishna Developers *prior to noon time of October 10th 2007*  (As
Advocate A C Damani filed caveat on 10th October 2007 for Harekrishna
Developers), while I was served *the Order by Post on 7th November 2007*.This
once again clearly points favor to Harekrishna Developers and clearly
showing collusion with Harekrishna Developers.

(d) The City Mamlatdar has taken on record my written statement dated
9th October
2007 (vide pages 357 to 389 ) and thereafter has also taken on record
further documents ( vide pages 391-407 )without bringing the same to my
notice. The City Mamlatdar office kept me in dark about vital documents
received from Harekrishna Developers as well as other documents received
such as page 349 ( entry 6027) , 351 , 353 ,355 which primae facie shows
lack of transparency with a deliberate attempt to extend undue favour to
Harekrishna Developers. The City Mamlatdar has also further taken on records
various pages 391 to 407 while keeping me in dark. This is unfair as well as
against Principles of natural justice.

(e) It has been stated by City Mamlatdar that on 3rd Page of the Order dated
9th October 2007 , that Harekrishna Developers has presented to City
Mamlatdar copy of registered release deed of charge. I am shocked that I was
not informed about the same on 3rd October 2007 and I was not given an
opportunity of being heard and this was done behind my back to extend undue
favour to Harekrishna Developers.

(f)  It has been stated in the order dated 9th October 2007 that the only
document of Civil Suit 5827 of 2001 that has been taken on record as
submitted by Harekrishna Developers is the one relating to the Order passed
on 25-11-2002. The City Mamlatdar has relied on this Order and going by the
contents of the said Order dated 25-11-2002, it is clear that the said order
was passed in my favor.

(g) In view of objections raised by me,it was the duty of the City Mamlatdar
to probe the entry 5512 regarding Span Medicals Ltd and also all the
documents for creating charge on the property and also all the documents
pertaining to lifting of the stay .It was duty of the City Mamlatdar to
conduct thorough investigation and offer me an opportunity of cross
examining before the order was passed.This has not been done.

(h) The City Mamlatdar wants to shrug off the responsibility of examining
the matter minutely and wants to pass on the burden to her superiors to
spend their precious time.

(i)   The City Mamlatdar has not called for detailed explanation for taking
entry 5611 on record and therefore the same has not been examined by the
City Mamlatdar at all.

(j)   The City Mamlatdar has failed to give the index of page numbers( 1 to
407) forming part of takrari nodh 74/2007 before pronouncing the order on 9
th October 2007 and even now the same has not been made available by the
City Mamlatdar.

12.                     It is needless to state that I as the objector
should not be victimized on account of gross misconduct and collusion of
City Mamlatdar and therefore I urge you to take all necessary steps so as to
avoid multiplicity of legal proceedings. It was necessary for the City
Mamlatdar to  understand that prevention is  better than cure.

13.                     I am annexing herewith for your attention and
attention following documents:-

i.       Rojpatrak of Pending City Civil Suit 5827/2001. (page 9-23)

ii.                        Copy of letter dated 25-1-06. (page 24)

iii.                    Copy of letter from Circle Inspector dated
13-2-2006. (page 25)

iv.                        Copy of Judgment by Honorable Justice Shri Jayant
Patel in SCA 16255

                 of 2006 on 4-8-2006. ( page 26-28)

v.       Copy of written submissions on 9th October 2007.(page 29-38)

vi.                        Copy of City Mamlatdar Order dated 9th October
2007. (page 39-41)

vii.                    Copy of sale agreement of disputed property  between
Span Medicals Ltd and Harekrishna Developers-which is interalia not
authentic and requires  thorough  scrutiny and needs cross examination  of
the makers (Copy obtained by me from the records office after the receipt of
the Order dated 9th October 2007). (page 42-53)

viii.                Copy of Release deed on 8th October 2007 stamped on 9th
 October 2007 and obtained by me from the Records Office subsequently –
which is interalia not authentic and requires thorough scrutiny and needs
cross examination of the makers ( Copy obtained by me from the records
office after receipt of the Order dated 9th October 2007).  (page 54-57)

ix.                        Remarks by City Mamlatdar on 27-2-2008 (page
57-61)

*x. *   *SCEHUDULE A –in response to reply of City Mamlatdar on 27-2-2008
(page 61-65) *

*xi.                       **Copy of Letter DATED 28-2-2008 addressed to
your goodself.(page 66-69) *

14.                     In view of my petition , I humbly request you to
take all effective steps so as to prevent multiplicity of legal proceedings
so that I am not deprived of timely justice on account of misconduct of the
City Mamlatdar.

15.                     I look forward to suitable prompt action in this
regard. I look forward  to your kind detailed reply in next two to three
working days.

Thanking you.

                                   Yours most respectfully,

Pankaj S Mody