Shishram vs State Of U.P. And 4 Others
2023 Latest Caselaw 19763 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:151694-DB
 
Court No. - 21
 

 
Case :- WRIT - C No. - 22477 of 2023
 

 
Petitioner :- Shishram
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Samsad Ahmed Khan,Golu Kumar Mishra
 
Counsel for Respondent :- C.S.C.,Anjali Upadhya,Mahesh Narain Singh
 

 
Hon'ble Manoj Kumar Gupta,J.

Hon'ble Donadi Ramesh,J.

1. The instant petition has been filed challenging the award dated 28.12.2013 passed by Additional District Magistrate (Land Acquisition), Gautam Budha Nagar and for a restraint order against the respondents for not taking possession of the subject land from the petitioner.

2. Sri Mahesh Narain Singh, learned counsel appearing on behalf of respondent no.5 points out that the award is being challenged after ten years and the petition is liable to be dismissed on this ground alone.

3. Learned counsel for the petitioner very fairly concedes that the writ petition cannot be entertained at this stage in view of the fact that the award was made long back followed by taking over of possession of the subject land from the petitioner. He himself has placed the judgment of a co-ordinate Bench of this Court dated 04.05.2022 in Writ C No. 9642 of 2022, whereby the writ petition was dismissed holding that after the land had vested, Section 48 of the Land Acquisition Act, 1894 would not apply.

4. Having regard to the submission made by learned counsel for the petitioner himself, we dismiss the petition as barred by delay and laches.

(Donadi Ramesh, J.) (Manoj Kumar Gupta, J.)

Order Date :- 28.7.2023

Noman