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REMINDER FOR ACTION AGAINST CITY MAMLATDAR May 20, 2008

Posted by mody in SWAGAT-COLLECTOR -FEBRUARY.
1 comment so far
from pankaj mody <modyps@gmail.com>     hide details  May 20 
  to “COLLECTOR,AHMEDABAD” <collector-ahd@gujarat.gov.in>  
  date   May 20, 2008 6:55 PM  
  subject   subject:- who is conducting the inquiry on City Mamlatdar Mamta Sojitra and copy of reply filed by her Fwd: SOS MESSAGE FOR MOST URGENT ATTENTION :- COMPLAINT AGAINST CITY MAMLATDAR PURSUANT TO QUESTION 47 AND 48 RAISED IN FEBRUARY SCHEME OF SWAGAT B  
  mailed-by   gmail.com  
FROM PANKAJ S MODY
2ND FLOOR  JANMANGAL APT
40 BRAHMAN MITRA MANDAL SOC
PALDI , AHMEDABAD 380 006
 
 
20th May 2008
 
 
The Collector of Ahmedabad
 
Respected Sir,
 
 
In the  swagat programme held in March 2008 by the then Collector  Shri Diwedi , I was informed by him during the meeting
that my complaint against city mamlatda mamta sojitra is being taken on record and the necessary inquiry against her
 is being set in motion.
 
Please furnish the particulars of action taken against her and copy of the reply given by her in defense to the
body holding inquiry against her .
 
Kindly accord top priority as two months have lapsed from the date of my complaint against her .
 
Please treat this matter as most urgent . I look forward to your reply preferably by tomorrow itself.
As I am affected my party I have right to know the details .
 
It goes without saying that she is not fit to be a city mamlatdar at all.
 
Thanking you
 
 
yours most respectfully
 
pankaj s mody
 
 
It appears that
 

———- 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 9th 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 8 th 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

 

 

 

REPLY OF REVENUE DEPT April 30, 2008

Posted by mody in REVENUE DEPARTMENT.
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IS THERE ANY MEANING OF ATTENDING UNDER SWAGAT PROOGRAMME OF THE COLLECTOR March 28, 2008

Posted by mody in SWAGAT-COLLECTOR -FEBRUARY.
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From Pankaj S Mody   

28th March 2008   

The Collector of Ahmedabad

The Collector Office Shubashbridge Ahmedabad   

Respected Sir,  

  1. I appreciate that your office has taken on record my complaint against  City Mamlatdar in the meeting held yesterday  on March 27, 2008 in Swagat Programme.
  2. However, I am totally dissatisfied of not  taking the initiative of action Harekrishna Developers for not protecting my rights in the property in light of pending Civil Suit as well as Lis Pendens registered and written assurance given by Circle Officer on 13-2-2007,etc.
  3.  It is apparent from facts of the case that Harekrishna Developers (and the advocate who gave opinion ) that the Collector office has been also misled while suppressing material facts and there are ample reasons to take the initiative of strong action  against Harekrishna Developers to protect my rights in the property.
  4.   I again repeat that the Swagat in guise of sale document registered is for the sheer benefit of  the builder community approaching your office.
  5. The Good Governance does not mean that you leave the common person in mid high seas   and telling  the person to change the boat by taking the trouble of swimming  a small distance to get on to Luxurious cruiser boat passing  near by. Kindly close your eyes and ask your conscience that if you are aboard ship and  in the mid sea , the captain of the ship says that the ship is not going to move any further  and you are advised to catch the ship nearby by taking a dive in the sea to swim up to the next ship. The captain takes the lifeboat and makes a move to the other ship. The captain of the other ship as a courtesy is not going to charge to the captain who has come by the lifeboat. But he is going to charge for  first AC class in case you decide to take a dive and swim across new ship. You know that you are not having extra 1000 dollars with  you to pay for the second ship besides taking the trouble of swimming a small distance.  Would you as a passenger not hold   the captain of the first ship fully accountable and responsible for leaving the ship in a lifeboat leaving you to manage your affairs and pay for the second ship fare  ?
  6. In case ,  Sir, you  accept the attitude of the captain , may I request you to try taking charge of flight by Airliner –Swagat  and in case you have got the guts and courage  to  make a public  announcement before the passengers  and the  media –  as the captain in charge of the  flight by Air Liner- Swagat , that the passengers are advised to catch  other flight going next morning . Even when there is no insecurity involved  in the waiting lounge of the airport , you can very well imagine the music you have to face in such a situation. Decide for yourself  whether you would have the  patience to wait for  spending even one night at the airport or you would demand for to and fro charge for the taxi fare plus free hotel booking  and the meals till next morning.
  7.    You be the judge of in such a situation that whether you would  ever like to go by such Airliner-Swagat  at all.
  8.   On the other hand see what ANIL AMBANI did  when  IPO  price of Reliance Power  crashed. Willingly or unwillingly , Mr Anil Ambani  did put himself in the shoes of other person  He owned up the responsibility and announced bonus very swiftly  for the shareholders who had subscribed and accepted outflow running into  crores of Rupees  . This was  what was  Swagat for common men in true sense of quietly accepting  the mistake. This was the magnanimous  act on his part even if you consider it that Mr. Anil Ambani had ulterior motive.  Even fresh IPO is floated  by Mr. Anil Ambani, more people would bet on Mr.  ANIL AMBANI.

  9.    I am sharing some observations so that you get real insight of the SWAGAT IN  world around us. 

    • My school friend and I were proceeding to the United States for further studies in Masters degree in Chemical Engineering and en route we took one day free lay over in Paris by Air France (who were to pay for- to and fro fare and also free Hotel fare and free  meals and light morning  breakfast). On the airport, we made inquiries at the Air France Liner Counter so that we could get the taxi to the Hotel   but we were not able to get any help. So we hired taxi and went to the hotel on our own ( had with us the Hotel voucher). At reception counter of the Hotel, both of us ask for hotel room showing the airline free voucher and  ask for the room , so the receptionists calls up the counter of the airliner to make a routine check  and the hotel receptionist  after holding discussion with the airline casually asks us what was the taxi fare and I say that it was 10 French Francs  and the hotel receptionist made on the spot  reimbursement  and states in a sincere tone that she on the behalf of the airline- Air France  tenders apology that  we have been put to inconvenience on account of taxi fare being  not arranged by the airline. We, being young ( around 23 years age) , were too  shy to even ask. Tell me Sir, can we ever forget the subtle Swagat of Air France !!!. Both my friend and I were not VIP’s but they made us feel that they truly care for us.
    •  An aged saint (who could hardly see and listen ) in his nineties  had arranged  lunch for guests  in the farm prepared by his disciples  on one of the auspicious day ceremony in somewhat  hot April afternoon.  Every one had taken  the meals but  the saint finds out that the person who had prepared the food had gone back to his nearby village home  without taking  meals. The aged saint in nineties asks me to bring my car and without telling me anything , he tells me to bring the car and drive up to the near by village . He steps down of the car , and  asks me to take to that person’s residence nearby  and   tells  this  elderly gentleman as to why he goes without   taking the  meals . He tells him to come back with us in the car and take the meals. This was done very quietly by the Saint  but he made  lasting impression within me. This is the true meaning of  Swagat for common men. I believe,  the Honourable Chief Minister has had vast  experience  of being in touch with large number of  saints of wisdom.  
    • There is a scene in Swadesh movie , where movie actor – Sharukhkhan is making a journey by train carrying his Bisleri  and at one of the small station one young boy is running around shouting  offering  to sale water. The actor pays for the drinking  water very quietly and lovingly  empowering that  little boy even when he had Bisleri with him ( I saw this film at one of the management programme by  Management  Consultant –Mr. Himanhsu Buch ). Our country has rich heritage but all of us because of our faulty education system and training  has lost our true heritage. 
    • You be the Judge especially when I have been a very quiet feeler in both  the meetings of  SWAGAT PROGRAMME of the Collector that the Collector Swagat Programmed is meant to  protect the interest of  the builder such Harekrishna Developers  ,  and  I better  leave as soon as possible so as not to not waste your precious time of the meeting by not causing irritation to yo

10. Now tell me, Sir, should I ever waste my time and ever come to attend in person  your so called  Swagat programme being  held by you as the Collector  of Ahmedabad or stir your conscience quietly by writing to you so that  others can understand the SWAGAT PROGRAMME OF THE COLLECTOR.

Yours most respectfully,

Pankaj S Mody

SOS MESSAGE LETTER TO THE COLLECTOR BEFORE EVERY THING TURNS TO ASHES DUE TO BREACHES OF CITY MAMLATDAR March 26, 2008

Posted by mody in SUMMARY OF COMMUNICATION -QUESTION 46-47.
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( 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 WRITTEN SUBMISSIONS 9-10-07
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-mamhttp://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 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 9th October 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 9th October 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 name of the Honorable Chief Minister does not get tarnished.        

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

Thanking you.                                    

                          Yours most respectfully,                                                                     Pankaj S Mody                                                                         

SUMMARY OF COMMUNICATION -QUESTION 47-48 March 25, 2008

Posted by mody in SUMMARY OF COMMUNICATION -QUESTION 46-47, SWAGAT-COLLECTOR -FEBRUARY.
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SUMMARY OF COMMUNICATION IN RELATION TO QUESTION 47-48 OF SWAGAT-COLLECTOR-FEBRUARY

1.     The City Mamlatdar ought to have maintained patience before passing Orders on 9th October 2007 in a hurry . The best way to describe the wisdom of patience is referred in two link background. http://del.icio.us/mody08/wp-psm-p-wisdom , http://del.icio.us/mody08/wp-psm-p-wisdom-impulse-decision

2.     I had  submitted objection letter dated 30-5-2007-    http://del.icio.us/mody08/wp-psm-w-30-5-07 along with annexures-  http://del.icio.us/mody08/wp-psm-p-30-5-07-table-annex

3.     I had made petition in Swagat scheme of Collector on 5-2-08- (  http://del.icio.us/mody08/wp-psm-w-5-2-08 )  pursuant  to adverse orders passed by City Mamlatdar especially when the particulars referred in letter dated 30-5-07 were not investigated by City Mamlatdar. I had submitted written submissions on 9th October 2007 to the City Mamlatdar but the same were ignored by the City Mamlatdar.

4.     Pursuant to my letter dated 26-2-07(  http://del.icio.us/mody08/wp-psm-w-26-2-08 ) ,  the City Mamlatdar gave a reply on 27-2-08 (http://del.icio.us/mody08/27-2-08-FROM-MAMLAT  ) .  

 5.     I had addressed letter dated 28-2-2008 to the Collector (http://del.icio.us/mody08/wp-psm-w-28-2-08 ) so that detailed investigation can be carried out to find out various clues.

6.      I had submitted comprehensive complaint against City Mamaltdar on 14-3-08-  ( contents rectified on 18-3-08 and submitted  on 19-3-08) along with annexures     http://del.icio.us/mody08/wp-psm-p-14-3-08-annex-link )    along with my  reply ( http://del.icio.us/mody08/wp-psm-p-sch-a ) to the reply dated 27-2-08 of City Mamlatdar.

7.     The GIST  of MY GRIEVANCE   against City Mamlatdar is given in the internet link as under SO AS TO SIZE UP THE SITUATION IMMEDIATELY :- http://del.icio.us/mody08/wp-psm-w-gist      

LINKS OF VARIOUS ANNEXURES IN SWAGAT -FEBRUARY PROGRAMME March 24, 2008

Posted by mody in annexures to 5-2-08, SWAGAT-COLLECTOR -FEBRUARY.
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Swagat annex no INTERNET Link

1

http://del.icio.us/mody08/swagat-annexure-1

2

http://del.icio.us/mody08/swagat-annexure-2

 

3

http://del.icio.us/mody08/swagat-annexure-3

http://del.icio.us/mody08/swagat-annexure-3a

 

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http://del.icio.us/mody08/swagat-annexure-4

 

5

NOT LINKED

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http://del.icio.us/mody08/swagat-annexure-6%2C

 

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http://del.icio.us/mody08/swagat-annexure-7

 

8

http://del.icio.us/mody08/swagat-annexure-8%2C

 

9

http://del.icio.us/mody08/swagat-annexure-9

 

10

http://del.icio.us/mody08/swagat-annexure-10

 

11

http://del.icio.us/mody08/swagat-annexure-11a

 

12

http://del.icio.us/mody08/swagat-annexure-12

 

13

http://del.icio.us/mody08/swagat-annexure-13%2C

 

14

NOT LINKED

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NOT LINKED

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http://del.icio.us/mody08/swagat-annexure-16%2C

 

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NOT LINKED

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http://del.icio.us/mody08/swagat-annexure-18%2C

 

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http://del.icio.us/mody08/swagat-annexure-19

 

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NOT LINKED

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http://del.icio.us/mody08/swagat-annexure-21

 

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http://del.icio.us/mody08/swagat-annexure-22

 

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http://del.icio.us/mody08/swagat-annexure-23

 

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

 

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http://del.icio.us/mody08/swagat-annexure-25

 

 

GIST OF MY GRIEVANCES AGAINST CITY MAMLATDAR:- March 22, 2008

Posted by mody in CITY MAMLATDAR-COLLECTOR OFFICE AHMEDABAD, gist of girevances, gist of grievances, SWAGAT-COLLECTOR -FEBRUARY.
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My serious objections on the conduct of  City Mamlatdar ( Ahmedabad)–Ms Mamta Sojitra is briefly narrated in following paragraphs indicating  gross negligence  as well as outright collusion with Builders Harekrishna Developers and cause irreparable damage to my rights in the property and make an elderly head of the family  (fighting single handedly without financial resources as a full time activity for existence and survival) to GO NUTS AND CRAZY  on account of undue haste by City Mamlatdar of SWAGAT TO BUILDER–HAREKRISHNA DEVELOPERS and thereby  EXPOSING ME AND MY FAMILY  TO RISK OF  THREATS AND HARASSMENT FROM SEVERAL PARTIES WHO CAN VERY EASILY ENGAGE ANTISOCIAL ELEMENTS    ONCE THE PREOPERTY IS  FULLY DEVELOPED AND OCCUPIED :-

  1. The City Mamlatdar does not want to honour the word given by circle inspector of madalpur in  its letter dated  13-2-2007  VIDE OUTWARD NO 39/07 that note is being placed on record of right   as  civil suit 5827/2001  is pending and no further changes will be made in record of right.
  2.    City Mamlatdar did not register my lis pendens document even when the letter dated 25-1-2006 and 6-2-2007  with copy of Index was written and  on account of such negligence the bunglow has been demolished and resulting in multiplicity of legal proceedings while I have to remain a mute spectator to the construction initiated by the builder.  
  3. City Mamlatdar being an inferior tribunal is bound to honour   the directions given by Gujarat High Court’s Justice Jayant Patel (Deepakbahi Manilal Patel against State of Gujarat)           Judgment dated 4th August 2006 in Special Civil Application 16255/2006  relating to registering of Lis Pendens document in Record of Right by Mamlatdars in order to give effect to Section 52 of Transfer of Property Act. City Mamlatdar totally disregarded the said judgment of Gujarat High Court which is superior court to over that of City Mamlatdar. In view of the High Court Judgment the Lis Pendens ought to have been taken on record as a matter of policy to prevent further litigations and hardships  and also to restrain possibility of corruption as a TOOL OF  INTRODUCING GOOD GOVERNANCE FOR THE BENEFIT OF COMMON MEN.
  4. The City Mamlatdar is not interested  in  probing in detail inspite of instructions given by City Mamlatdar  to talati/circle inspector vide outward no 2686 dated 5-6-2007 as referred in remarks to objection letter 30-5-2007.Once the instructions have been given to investigate the matter it cannot be withdrawn. Besides, it was necessary that follow up measures of monitoring the progress was supervised thereafter. Under no circumstances the truth should have been buried.   
  5. The City Mamlatdar deliberately ignored the pending civil suit 5827/2001 (which is subjudice) so as to extend favour the builder and extant( alive) in the Record of Right.  
  6. The City Mamlatdar did not take following necessary steps  after receiving my written submissions given on 9th October 2007 .

       (i)         Obtaining list of documents     and  affidavits verifying the same of both the parties.

     (ii)    Obtaining written reply from builders -Harekrishna Developers to  written submission of 9th October 2007

      (iii)               Failing to ensure that I receive copy of each balance 230 pages  or more of documents  being part of 407 pages of documents  read by her.   

     (iv)              Attending several times upon the builders and /or their lawyers without the knowledge of my lawyer and myself and behind my back.

    (v)         Refusing to hold a hearing in the matter.

   7.  The City Mamlatdar does not dispatch the copy of the orders simultaneously to both the parties but hands over the order to Harekrishna Developers first  while delaying the dispatch for almost month to me.

  1. The City Mamlatdar refuses to give further adjournment on 3-10-2007.  
  2. The City Mamlatdar does not want to honour the directions given by  revenue authorities that there is stay on the property as per the entry 4913 in record of right and the said entry is being reflected at the time of  so called sale deed in record of right .  
  3. The City Mamlatdar acted in contravention of Rules of Natural Justice and fair play.
  4. The City Mamlatdar acted on non-evidence and/or on lies and imaginary facts.
  5. The City Mamlatdar failed to refer to the sale agreement dated 2nd April 2007 to Superintendent of Stamps for adjudication as the disputed property (on C G Road,Ahmedabad ) value in 2007 exceeded over Rs 20 crores when the sale deed is only Rs 7.5 crores even when her attention was drawn by me as per my written submission dated 9th October 2007.
  6. The City Mamlatdar dispatched the Orders to Harekrishna Developers prior to 10th October 2007  while the Order was dispatched to me on 5th November 2007 which also indicates collusion by City Mamlatdar with Harekrishna Developers and their advocates. 

 

14-3-2008 COMPLAINT AGAINST CITY MAMALTDAR March 14, 2008

Posted by mody in SWAGAT-COLLECTOR -FEBRUARY.
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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 9th 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  

               INTERNET  LINKS TO ANNEXURES IS AS UNDER

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

 

http://psmody.wordpress.com/14-3-08-enclosures/

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11-3-08 letter from jansampark March 11, 2008

Posted by mody in 11-3-08, CM- JANSAMPARK.
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FRESH APPLICATION ON 5-3-2008 TO SWAGAT SCHEME OF COLLECTOR – March 5, 2008

Posted by mody in SWAGAT-COLLECTOR-MARCH.
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from   pankaj mody <modyps@gmail.com>   hide details  Mar 5 (7 days ago) 
to   “COLLECTOR,AHMEDABAD” <collector-ahd@gujarat.gov.in>  
cc  
 		 csguj@gujarat.gov.in,
narendrabhai d modi <cm@gujaratindia.com>		  
date Mar 5, 2008 5:17 PM  
subject SWAGAT SCHEME OF COLLECTOR :- GRIEVANCE IN LIGHT OF ABSENCE OF FINDINGS INSPITE OF PROMISE MADE BY THE COLLECTOR OFFICE VIDE THEIR EMAIL  
mailed-by gmail.com  

From ,

Pankaj S Mody  

2nd Floor, Janmangal Apt

40 Bhraman Mitra Mandal Soc

Paldi, Ahmedabad 380 006

Email modyps@gmail.com

5th March 2008

To , 

The Collector of Ahmedabad

Collector office

Subhash bridge

Ahmedabad

Respected Sir,

Subject:- grievance under swagat scheme of the Collector

  1. Kindly refer to the reply given by the Collector as annexed herewith . I was given to understand that the collector office would look into the matter. Till date, I have not received detailed findings in the matter.
  2. Kindly register my grievance under Swagat scheme of the Collector of Ahmedabad and be kind enough to give various written statements , documentary evidences in light of the email earlier. The copy of the annexures were deposited with the office of the City Mamlatdar’s office.
  3.  I am sorry to say that there is no follow up process of monitoring the  progress and nor there is any system to furnish detailed findings and as a result the objector faces irreparable hardships. There is complete absence of coordination with the office of the collector.
  4.  Kindly assign acknowledgment number of   grievance under Swagat scheme being conducted by the Collector office.

Thanking you.

Yours most respectfully,

Pankaj S Mody

Mobile 94270-26109

———- Forwarded message ———-
From: COLLECTOR,AHMEDABAD <collector-ahd@gujarat.gov.in>
Date: Jul 11, 2007 1:25 PM
Subject: Re: FOR PERSONAL ATTENTION OF THE COLLECTOR OF AHMEDABAD- ( FINAL   PLOT  768/10 NEAR DOCTOR HOUSE,     PARIMAL CROSSING ) PENDING FURTHER  INVESTIGATION  ON WRONGFUL CLAIM     OF OWNERSHIP
To: pankaj mody <modyps@gmail.com>

> *
> We will attend to this and act as per law.

> FOR PERSONAL AND URGENT ATTENTION OF THE COLLECTOR OF AHMEDABAD.
>
>       Pankaj S Mody
> *
>
> 2nd Floor, Janmangal Apartment
>
> *                                                 *40 Brahman Mitra Mandal
> *
> Society*
>
> *                                                PALDI* ,
>
> * *Ahmedabad 380 006
>
>  Email modyps@gmail.com
>
> Dated 6th July 2007
>
> *
>
> The Collector of Ahmedabad
>
> Office of Collector
>
> Near RTO, Shubhash Bridge
>
> Ahmedabad* ,
>
> Respected Sir/Madam,
>
>
> *
>
> Subject:- Final Plot 768/10 located in T P Scheme 3 , Chadavad admeasuring
> 3065 sqmeters standing in name of Span Medicals Ltd.
>
> ———————————————————————————-
> *
>
>
>     1. Kindly refer to the email sent earlier addressed to you as annexed
>    herewith as regards execution of sale deed by Span Medicals in favor of
>    Harekrishna Developers . Various issues of illegalities and frauds are
> being
>    examined by the Investigating Agency , Economic Offence Wing working
> under
>    CID CRIME in Gandhinagar.
>
>     2. I therefore humbly request you that necessary directions are given
>    to Mamlatdar as well as Talati, Circle Inspector – Madalalpur *to
>    resfrain from passing entry by inserting Harekrishna Builders while
>    deleting the name of Span Medicals Limited. As the matter may take
>    several months for investigation by them , kindly hold till then.
>
>    *
>
>    3. I am *marking* copy of the present email to the Economic Offence
>    Wing by email to them ( Email address :- ecowing@gmail.com) , for
>    attention of Shri Panchal , Table 3-C who is looking after this
> inquiry.
>
>     4. In the meanwhile , I humbly request you that necessary
>    instructions are given to the concerned City Mamlatdar to initiate
> inquiry
>    verifying the bonafides of Span Medicals claiming to be the owner of
> the
>    property while ignoring my Lis Pendens document referring my Civil suit
> 5827
>    of 2001 as regards this property.
>
>     5. I may face grave risk of life and harassment as the sale deed has
>    been executed by Span Medicals Ltd and the scam involves sum running
> into
>    crores of Rupees. Span Medicals Limited and Oriental Bank of Commerce
> both
>    of them have colluded with each other and to the best of my knowledge ,
> both
>    of them have kept the buyer in dark about the pending litigations
> between me
>    and them.
>
>     6. I humbly *request* you to acknowledge the present email .
>
>     7. In case of clarification or explanation, I may be contacted at
>    above address.
>
>
>  Thanking You.
>
>
>
> Yours sincerely,
>
> Pankaj S Mody
>
> **
>
> ———- Forwarded message ———-
> From: pankaj mody <modyps@gmail.com>
> Date: Jun 1, 2007 5:05 PM
> Subject: repeat *message* Fwd: TOP PRIORITY MESSAGE FOR HOLDING PROPERTY
> IN
> NAME OF SPAN MEDICALS LTD IN CUSTODY OF COLLECTOR ( FINAL PLOT 768/10 NEAR
> DOCTOR HOUSE, PARIMAL CROSSING ) PENDING FURTHER INVESTIGATION ON WRONGFUL
> CLAIM OF OWNERSHIP
> To: collector-ahd@gujarat.gov.in
>
>
>
> ———- Forwarded message ———-
> From: pankaj mody < modyps@gmail.com>
> Date: May 30, 2007 7:17 AM
> Subject: TOP PRIORITY MESSAGE FOR HOLDING PROPERTY IN NAME OF SPAN
> MEDICALS
> LTD IN CUSTODY OF COLLECTOR ( FINAL PLOT 768/10 NEAR DOCTOR HOUSE, PARIMAL
> CROSSING ) PENDING FURTHER INVESTIGATION ON WRONGFUL CLAIM OF OWNERSHIP
> To: collector-ahd@gujarat.gov.in
> Cc: secrev@gujarat.gov.in
>
>
>
> *TOP PRIORITY MESSAGE AND MOST IMPORTANT *
>
>
>
> From:- Pankaj S Mody
>
> 2nd Floor, Janmangal Apt
>
> 40 Brahman Mitra Mandal Soc
>
> Paldi, Ahmedabad 380 006
>
>
>
> Email :- modyps@gmail.com
>
>
>
> *Dated **30th May 2007** *
>
>
>
> To ,
>
>
>
> *1** ) The Collector of Ahmedabad*
>
> *Collector office , Near R T O
> Ahmedabad*
>
> *Phone:- 27551681, Mobile:- 98250-49134 *
>
> *           *
>
> *2) The City Mamlatdar, Ahmedabad *
>
> *collector Office , Near R TO
> Ahmedabad*
>
> * *
>
> *3) The Talati/Circle Inspector *
>
> *Madalpur, Near Town Hall , *
>
> *Ahmedabad *
>
> * *
>
>
>
> *Respected Sir, *
>
>
>
> *Subject:- 1) To cancel and delete  Entry 5512 in respect of ownership of
> property ( Final Plot 768/10 located in T P Scheme 3/5, varied , Madalpur
> )
> being shown in name of  Span Medicals in Record of Right *
>
> * *
>
> *2) Holding the property in the custody of the Collector pending
> investigation in respect of the above referred Final Plot 768/10 so as to
> avoid further litigations. *
>
> ================================================
>
> 1.  It has come to  my notice recently from copy of Record of Right
> pertaining to the above referred Final Plot , that the Final plot stands
> in
> the name of Span Medicals Limited vide entry number 5512. This entry has
> been recorded in the Record of Right   on the basis if amalgmation order
> dated 23-1-2001 furnished by Span Medicals to your office. Span Medicals
> has
> *suppressed vital facts* in guise of amalgmation so as to bury various
> fraudulent acts of creating charge on the property by mortgaging the
> property to Global Trust Bank through Mr. Jatin Jalundhwala.
>
>
>
> 2.  I humbly request your to minutely examine the following issues and
> verify the facts s per the information so as to cancel the entry 5512 in
> the
> record of Right as well as cancel the sale deed executed on 2-4-2007
> executed by Span Medicals Limited in view of the information referred as
> under:-
>
>
>
> a)  It appears that Span Medicals Limited has deliberately kept the
> revenue
> authorities in dark of the pending civil suit 5827 /2001 instituted by the
> undersigned in the Bhadra Court especially when they had replied on behalf
> of Dhanyushaya Financial Pvt Ltd. They deliberately suppressed details of
> amalgmation of Rupmanglam Investment Private Limited and Flovin Plastics
> Private Limited   with Span Medicals Ltd  even when this was brought to
> their notice in the year 2002 in the court proceedings and there by
> creating
> obstructing process of natural justice to the undersigned.
>
>
>
> b)  Recently, I have been provided a copy of scheme of amalgmation order
> pertaining to Span Medicals by the director of Span Medicals Limited and I
> was shocked   to learn that the Registered Office of Rupmanglam Investment
> Private Limited and Flovin Plastics Pvt Ltd was *shifted to Baroda* before
> submitting the amalgmation application to the Gujarat High Court in
> October
> 2000. This needs to be verified in detail especially when   the major
> assets
> of Rupmanglam and Flovin are situated in Ahmedabad and the so called
> directors referred by them have residential address   in Ahmedabad and
> work
> in Ahmedabad. in proximity to the above referred plot .Therefore, it is
> necessary to closely examine various issues narrated as under:-
>
>
>
> ·        To call for Bank statements   of Rupmanglam Investment Private
> Limited and Flovin Plastics Pvt Ltd of their banks in Baroda.
>
> ·        Particulars of the office ownership who has permitted them to
> use
> their premises in Baroda and any connection with this persons in any
> manner.
>
>
> ·        To obtain particulars from Span Medicals Limited and Jatin
> Jalundhwala  as to the Income Tax Department in Baroda who would be
> carrying
> out assessment of Rupmanglam Investment Pvt Ltd and Flovin Plastics Pvt
> Ltd
> has been  as to the Income tax officer  when the shifting of registered
> office.
>
> ·         Particulars notified to the Police authorities for shift in
> registered office from one city to other city.
>
>
>
> c)  Mr. Jatin Jalundhwala claiming to have authority and power to   own
> and
> control the legal ownership of the property belonging to Rupmanglam and
> Flovin has issued clarification to IDBI in the year 2002 regarding the
> Special Investigation Audit ( at the instance of BIFR) conducted by Ernst
> and Young Accountancy Firm that   *only physical  possession  has been
> obtained but the   legal ownership of the property does not vest with
> them*.
>
>
>
>
> d)  Recently, Span Medicals Limited has furnished copies   of transfer
> deeds
> showing transfer of shares belonging to me and my family members in
> 1996-1997 to Dhanyushaya Financial Pvt Ltd . However, the ownership of the
> shares is not reflected in the balance sheet of Dhanyushaya Financial Pvt
> Ltd for the period 1996-1997. This means that the transfer deeds have been
> obtained after the expiry of the validity of the period. These transfer
> deeds have not been furnished in the proceedings of Civil Suit 5827 of
> 2001
> and therefore, Dhanyushaya could not have given any consent of
> amalgamating
> Rupmanglam Investment Private Limited as they were not legitimate owners
> of
> shares of Rupmanglam Investment Pvt Ltd.
>
>
>
> e)  I have brought it to the attention of Advocate Mrs. Swati Soparkar (
> who
> appeared as advocate for Span Medicals , Rupmanglam and Flovin for
> conducting amalgmation of companies vide High Court order) vide my letter
> to
> her on 7-2-2007 that consent of the preference holder Mrs. Maniben P Shah
> could not have been obtained in the year 2000 as she was not alive in the
> year 2000 and the same was in knowledge of Jatin Jalundhwala especially
> when
> he furnished death certificate issued in 1998 to Global Trust Bank
> pertaining to demise of Mrs. Maniben P Shah. In the interest of natural
> justice , it is necessary to record the statement of Mrs Swati Soparkar (
> address:- 204 Akaknsha , Near Vadilal House , Navrangpura Railway
> Crossing,
> Ahmedabad)and record her statement and insist on satisfactory explanation
> while I am being given opportunity to give my comments in this regard.
>
>
>
> f)  The contents of my above letter to Mrs Swati Soparkar has been brought
> to the attention of Hemant Kashiparekh (auditor of Span Medicals
> Limited)   vide
> my letter dated 23-2-2007. However, the auditor has not asserted that Span
> Medicals is the legitimate owner of the entire   property. In the interest
> of the natural justice , it is necessary to record the statement of Hemant
> Kashiparkeh (address:- Ground Floor, Akshay Apartment , Off Old High court
> land and near House of Bakeris) and the opportunity is given to the
> undersigned for my comments.
>
>
>
> g)  I have also furnished the copy of my letter addressed to Mrs. Swati
> Soparkar to Orient Bank of Commerce ( who have taken over Global Trust
> Bank
> ) vide my email to Orient Bank of Commerce. Strangely, the bank has
> remained
> silent. This primae facie shows that they have not ascertained the facts
> on
> amalgamtion independently by verification and has blindly accepted the
> Order
> of amalgmation furnished by Span Medicals Limited depicting that
> Rupmanglam
> Investment Private Ltd and Flovin Plastics Pvt Ltd has been amalgamated
> with
> Span Medicals Ltd and therefore the assets of Rupmanglam and Flovin has
> been
> taken over by Span Medicals Limited too. Oriental Bank of Commerce has
> acted
> as custodian and guardian of the property in guise of mortgage and has
> permitted Span Medicals to sale the property to Hare Krishna Developers
> for
> recovery of term   loan  given to Core Healthcare Ltd. Even as banker ,
> they
> have not been following ethical and transparent practices which is
> expected
> of Oriental Bank of Commerce which is owned by   Government of India. It
> also appears that Harekrishna Developers, (the purchaser of the referred
> property)   has not been informed by Oriental Bank of Commerce as well as
> Span Medicals Limited as regards to my Lis Pendens document reflecting my
> pending Civil Suit 5827 of 2001 in the City Civil Court of Ahmedabad. In
> the
> interest of justice and fairness to the undersigned , it is necessary to
> record the statement of the management of Oriental Bank of Commerce and
> the
> undersigned is given the opportunity to offer his comments and
> observations
> while cross examining them.
>
>
>
> h)  Pursuant to letter addressed to Jatin Jalundhwala   on 16-3-2005, he
> has
> not been able to give written declaration of escrow persons ( Mr.
> Kahiparekh
> and Mr. Soparkar) had given compliance certificate of transfer of the
> companies and its assets by obtaining no objection certificate of the
> directors of Rupmanglam Investment Private Limited and Flovin Plastics Pvt
> Limited. This violates the provision of   Transfer of Property Act. In the
> interest of natural justice it is necessary to record the statement of
> Jatin
> Jalundhwala , Mr. Saurabh Soparkar and Mr. Hemant Kashiparekh and I be
> given
> opportunity to offer my comments and cross examine them.
>
>
>
> 3.  Pending further investigation as referred in above paragraph and also
> *for
> the sake of avoiding multiplicity of legal proceedings as well as
> harassment
> * , it is necessary to TAKE CUSTODY OR SEAL THE  ABOVE PROERTY  so that
> the
> builders do not *PROCEED  WITH construction *in guise of scheme promoted
> by
> them as well as collect advance   funds from the customers and putting
> them
> in jeopardy and create more complications.
>
>
>
> 4.  I solicit your valued support on receipt of the present letter. I
> would
> also like to state that, *the subject  matter is under investigation by
> Police authorities* and therefore , I humbly request you to keep *in
> abeyance of passing of entry in revenue records pertaining to the Sale
> Deed
> executed *by Span Medicals Limited in favor of Harekrishna Developers on
> 2-4-2007 vide document registered vide 3315/2007 before the Sub-Registrar,
> Paldi at Multistoreyed Building Laldarwaja.
>
>
>
> 5.   As the matter involves the issue of Life and Liberty , I would be
> very
> soon making application under Right to Information Act in case I do not
> receive satisfactory reply from you very soon.
>
>
>
> 6.  I r4eserve my right to offer my further observations and objections as
> regards to this property at later date.
>
>
>
> 7.  Kindly acknowledge receipt of the present petition letter.
>
>
>
> Thanking you.
>
>
>
>
>
>                         Yours sincerely,
>
>
>
>                         Pankaj S Mody
>
>
>
> Enclosures being submitted separately to the City Mamlatdar, Ahmedabad for
> his reference and necessary action.
>
–
pankaj s modyEvery blow in life pierces the heart and awakens our feelings to sympathize with others; and every swing of comfort lulls us to sleep, and we become unaware of all.
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