- (1.) INSTANT intra -court appeal has been preferred against order of the Ld. Single Judge dt. 27.09.2012.
(2.) THE brief facts which can be noticed from the record and relevant for the present purpose are that the appellant applied for allotment of a house (HIG) under the General Registration Scheme of the Rajasthan Housing Board, 1981 in Kota Scheme and priority number was allotted to him by the Housing Board vide its letter
(3.) IT reveals from the record that there was change of address of the appellant and that he informed the Chairman, Rajasthan Housing Board, Vallabh Bari, Kota vide his letter dt. 15.07.1986 indicating change of address. However, in the instructions booklet at para -3.8 in particular, it has been clearly indicated that if there is any change of address of the applicant, it has to be informed to the Secretary, Rajasthan Housing Board, Jaipur and indisputably there was no correspondence ever made by the appellant for change of address to be noted in the registration which took place in the year 1981 at the office of Secretary, Rajasthan Housing Board, Jaipur and indisputably para -3.8 of the instructions booklet was not complied with. It reveals from the record that letter of allotment was issued by the respondent -Board to the appellant on 23.10.1996 on the address which was available in their records maintained by the respondent and as regards letter sent by him for change of address dt. 15.07.1986 certainly that could not have been noticed at the Head Office at Jaipur which manages and regulates all allotments made across the State and the letter of change of address sent by the appellant dt. 15.07.1986 was addressed to the Chairman, Rajasthan Housing Board, Kota whereas in fact the Chairman sits at the Head Office at Jaipur and not at Kota. It is not the case of the appellant that he has ever enquired in the meanwhile after the letter for change of address was sent by him to the office of Rajasthan Housing Board, Kota or at the Head Office, Jaipur as to whether it has been properly acknowledged and appropriate corrections in the records have been made by the Board and when the conditions for allotment were not complied with by the appellant, the allotment was cancelled by the Board on 15.12.1999 and it can be noticed by this court that from July, 1986 upto the filing of writ petition before the Ld. Single Judge of this court, some correspondence took place between the parties but ultimately fact remains is that the writ petition came to be filed in the year 2005 and it was prayed that the cancellation be quashed and set aide and the appellant may be permitted to deposit the amount in terms of the letter of allotment dt. 23.10.1996 and possession of the house, once allotted to him, be handed over.;