In a writ petition seeking possession of residential land allotted in 1991, the petitioner faced dismissal due to a 30-year delay without explanation and failure to implead the Gaon Sabha.
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Court No. - 32 Case :- WRIT - C No. - 10224 of 2021 Petitioner :- Pratap Respondent :- State of U.P. and Another Counsel for Petitioner :- Ram Chandra,Pawan Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Pawan Kumar Mishra, learned counsel for the petitioner and learned Standing Counsel for respondents State.
This writ petition has been filed with the following prayer:-
" (i) Issue a writ, order or direction in the nature of mandamus commanding/directing the Respondent No. 2 to handover the possession of the allotment of residential lease to the Petitioner.
(ii) Issue a writ, order or direction in the nature of mandamus commanding directing the Respondent No. 2 to consider upon the Application of the Petitioner within short stipulated period, during the pendency of instant writ petition."
It is contended by learned counsel for the petitioner that land in question was allotted to petitioner on 23.01.1991 for residential purposes but till date the said land has not been handed over to the petitioner.
Learned Standing Counsel has pointed out that the petitioner has approached this Court after 30 years for redressal of his grievance and nowhere in the writ petition, any explanation has been given for delay of 30 years for enforcing the resolution dated 23.01.1991.
I have heard learned counsel for the parties and perused the material on record.
This writ petition has been filed after a great delay of 30 years and no explanation in the writ petition has been given by the petitioner for approaching this Court after a lapse of 30 years. In para 6 of the writ petition, it has been stated that petitioner on 17.12.2012 and 11.08.2018 had made applications for handing over the possession of the land which was allotted in the year 1991. Apart from that no averment has been made for the delay in approaching this Court. Moreover, Gaon Sabha, which is a necessary party, has not been impleaded in the writ petition.
In view of above, the writ petition is dismissed on the ground of delay.
Order Date :- 26.7.2021/V.S.Singh
2 issues framed by the court
Whether this writ petition should be dismissed on the ground of excessive delay?
Whether the necessary party Gaon Sabha was impleaded in this petition?
Pratap
State of U.P.
Another
Rohit Ranjan Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
