Court No. - 18
Case :- WRIT - C No. - 12642 of 2018 Petitioner :- Maksud Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Veer Singh Counsel for Respondent :- C.S.C.,Arun Kumar Srivastava
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Pankaj Rai, learned Addl. Chief Standing Counsel appearing for State respondents. Shri Arun Kumar Srivastava appears for Gaon Sabha.
The petitioner is before this Court assailing the order dated 28.11.1998 passed by the Sub Divisional Officer, Tehsil and Distt. Bijnor and for a direction to the respondents not to interfere in the peaceful possession of the petitioner in any manner over the land in question.
Learned counsel for the petitioner submits that at no point of time the order impugned has been effectuated by the respondents and still he continues to be in possession and as such it is requested that the respondents may be directed not to take any coercive action against the petitioner.
On the other hand, Shri Pankaj Rai, learned Addl. Chief Standing Counsel and Shri Arun Kumar Srivastava appearing for Gaon Sabha raised an objection that at this belated stage the petitioner cannot be permitted to assail the validity of the order impugned dated 28.11.1998 and as such on this ground the writ petition is liable to be dismissed.
The Court has proceeded to examine the record in question and find that the Stamp Reporter has reported that the writ petition is delayed by 19 years 36 days and as such there is substance in the objection raised by learned counsel for the respondents and no interference is required in the matter.
In view of above, the writ petition is dismissed on the ground of delay and laches. However, it is provided that dismissal of the writ petition will not come in the way of the petitioner to approach before the appropriate forum for redresssal of his grievance as per law.
Order Date :- 27.4.2018 SP/