Allahabad High Court
Sushil Raghav vs State Of U.P. And 6 Others on 21 January, 2020
Bench: Bala Krishna Narayana, Ravi Nath Tilhari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 4 Case :- WRIT - C No. - 790 of 2020 Petitioner :- Sushil Raghav Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Akash Deep Srivastava,Fahd Iqbal Counsel for Respondent :- C.S.C.,Brijesh Ojha Hon'ble Bala Krishna Narayana,J.
Hon'ble Ravi Nath Tilhari,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the respondent nos. 1 to 4 and Sri Sunil Kumar Mishra, learned counsel for the respondent nos. 5 and 6.
This writ petition has been filed with the following prayer to :-
1. issue a writ, order or direction in the nature of mandamus commanding the respondents to release the Abadi land of Khasra No. 462, 463, 464 and 752 and restore it to the petitioner's name in revenue record with physical possession as the administration and UPSIDCL release the Abadi land of other farmers of village- Karkarmodel, Jhandapur and Sahibabad in Ghaziabad (UP).
2. issue a writ, order or direction in the nature of mandamus commanding the respondents to give the physical possession of the Abadi land of Khasra No. 462, 463, 464, 752 in favour of the petitioner soon and receive the compensation back if any paid at the time of award.
3. issue a writ, order or direction in the nature of mandamus commanding the respondent no. 3 to register the name of petitioner and his family in the revenue record in relation to the land record after the release of abadi land to the petitioner.
4. pass any other order/orders as this Hon'ble Court may deem fit in the interest of justice and in the facts and circumstances of the case in favour of the petitioner and against the respondents.
5. award the cost of litigation.
When this matter was taken up today, Sri Sunil Kumar Mishra, learned counsel for the respondent nos. 5 and 6 informed that the representations filed by the petitioner for the restoration of the Abadi land of Khasra No. 462, 463, 464 and 752 in revenue records which was acquired in the year 1967 and 1969 were rejected on 28.10.1992, 4.08.1992, 27.05.1992 (Annexure No. 5 to the writ petition) which have attained finality and have not been challenged in this writ petition. He also informed that once UPSIDCL has already made final decision, the claim of the petitioner becomes not only old but extremely stale and no satisfactory explanation has been furnished by the petitioner for delay in approaching this Court.
We find force in the submission made by Sri Sunil Kumar Mishra.
The writ petition lacks merit and is accordingly dismissed.
Order Date :- 21.1.2020 HR