Court No. - 29
Case :- WRIT - C No. - 41746 of 2019 Petitioner :- Ramu Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Charan Singh Counsel for Respondent :- C.S.C,Pranjal Mehrotra,Sanjeev Kumar Pandey
Hon'ble Pankaj Mithal,J. Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the petitioner, learned Standing Counsel, Shri Ved Prakash Singh, learned counsel for Gram Pradhan and Shri Sanjeev Kumar Pandey, learned counsel appearing for respondent No.4.
The petitioner is claiming compensation of the land Gata No.225/1 area 0.7390 hectare, situate at Village-Lidhaura, Hamirpur, UP. The petitioner claims that the aforesaid land belongs to him and that the respondent No.4 has constructed a tube-well without acquiring the said land and taking his consent.
Shri Sanjeev Kumar Pandey, learned counsel for the respondent No.4, submits that the tube-well was constructed in the year 2005 after taking the consent of the father of the petitioner, the claim as raised by the petitioner, is a stale one and he cannot be permitted to revive such a dead-claim.
In view of the above facts, it is apparent that the petitioner is trying to revive a dead-claim inasmuch as he could not dispute the fact that the tube-well was constructed in the year 2005.
In Writ-C No.31605 of 2019 (M/s.Akhil & Co. vs. State of UP & others), a Division Bench of this Court vide judgment and order dated 27.9.2019 dismissed similar kind of writ petition on the ground of gross-delay and laches holding that such stale claims cannot be permitted to be revived by moving any representation and seeking direction to get such representation decided.
In view of the above, we do not deem it proper to exercise any discretion in the matter and the writ petition is hereby dismissed.
Order Date :- 20.12.2019 LN Tripathi