Writ petition filed by son for allotment and lease of plot originally allotted to his deceased father decades ago was dismissed as the claim was barred by latches due to undue delay of over 25 years.
Petition dismissed as barred by latches.
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Court No. - 40
Case :- WRIT - C No. - 9980 of 2021
Petitioner :- Rajdeep Singh Grovar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Brij Bhushan Prasad Shrivastava,Gagan Pratap Singh
Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner; the learned Standing Counsel for the respondents 1 to 3; and have perused the record.
The father of the petitioner was allotted a plot. As per the terms and conditions of the allotment, he had to secure execution of a lease-deed by submitting stamp papers etc.
From the documents appended at page 32 of the paper book, it appears that notice was served upon the father of the petitioner to comply with the terms and conditions of allotment and get the lease-deed executed by 31.07.2013 or else the allotment would be cancelled.
It appears that the father of the petitioner did not comply with the terms and conditions of the allotment and, therefore, no lease-deed was executed.
In the year 2017, according to the petitioner, his father died.
Now, this petition has been filed with a prayer that the respondents be directed to consider the representation of the petitioner dated 27.01.2021 and execute lease and deliver possession.
A perusal of the representation, at page 38 of the paper book, would reveal that the prayer in the representation is that the plot allotted to his father be allotted to the petitioner and lease-deed be executed in his favour. The prayer is also that the petitioner may be handed over possession of the allotted land.
The record reflects that the allotment was made on or about the year 1993. If, despite lapse of over 25 years, the allottee did not get the possession on allotment and no lease deed was executed for over 25 years on the basis of such allotment, we do not find any justification to entertain such a belated claim now.
The petition is therefore dismissed as barred by latches.
Order Date :- 16.7.2021 Sunil Kr Tiwari
1 issue framed by the court
Whether the writ petition seeking allotment of a plot and lease-deed executed 25 years after the original allotment can be entertained as it is barred by latches.
Rajdeep Singh Grovar
State Of U.P.
Hon'ble Manoj Misra
Hon'ble Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
