H J MAHESH KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court assailing the endorsement dated 20.04.2010 impugned at Annexure-A to the petition. The petitioner is also seeking for issue of mandamus to direct the respondent No.2 to allot an alternate site measuring 40 ft. x 60 ft. in the layout formed by respondent No.2, preferably in Devanuru 3rd Stage, Mysore.

(2.) The petitioner is stated to have made an application to the respondent No.2 for allotment of site measuring 40 ft. x 60 ft. The said application was submitted on 28.02.1990 by paying the registration fee. The petitioner thereafter has deposited a sum of Rs.5,625/- on 05.03.1991. Subsequently, the petitioner is stated to have shifted from the place where he was residing at the time of making the application. As such, by an intimation dated 01.08.1994, the change of address is stated to have been intimated to the respondents. Thereafter, the petitioner did not receive any communication from the respondents. Ultimately, when the petitioner noticed a publication in the newspaper on 06.05.2005 calling upon all the applicants to seek for completion of the transaction, the petitioner is stated to have responded by making representation dated 07.06.2005. Thereafter, the petitioner has pursued the matter with the respondents and ultimately since the respondents have issued the endorsement dated 20.04.2010, the petitioner is before this Court assailing the said endorsement in the instant petition.

(3.) The respondents have filed their objection statement. It is contended that the petitioner did not make any efforts to intimate the change of address nor has responded to the earlier newspaper notification dated 04.08.2004. It is in that circumstance contended that the petitioner cannot now seek for allotment of an alternate site at this distant point of time, more particularly in a circumstance where earlier allotment has been made to the petitioner and the petitioner did not take interest in completing the transaction and thereafter the said site has been allotted to one Smt. K. Jayalakshmi.