Madhya Pradesh High Court
Ranveer Singh And Others vs State Of M.P on 8 July, 2014
WA.272.2012 1
8.7.2014.
Appellants by Shri Harish Dixit Advocate.
Respondents/state by Shri MPS Raghuvanshi
Additional Advocate General.
Heard.
It is submitted by learned counsel for the appellants that their predecessors were in possession of the land in question and they were granted patta from time to time till 1974-75. Thereafter, the appellants applied for permanent lease as per Revenue Book Circular and rules prevailing at the relevant point of time. He submitted that on the basis of recommendation of Nazul Officer, patta in respect of the land in dispute was considered and learned Collector signed the note-sheet on 12.2.1981. Thereafter, the appellants completed all the necessary formalities for execution of the lease deed but no lease deed was executed in their favour. Thereafter, they filed this writ petition in the year 2005 for issuance of writ of mandamus directing the respondents to execute the lease deed.
Learned Additional Advocate General for the respondents disputing the aforesaid contention has submitted that at this stage, no mandamus for directing the Collector to execute the lease deed in pursuance to the note sheet dated 12.2.1981 as prayed can be issued because, the policy of the State Government has been WA.272.2012 2 changed. He placed reliance on the decision of the Apex Court in the State of Orissa Vs. Mesco Steels Ltd. (2013) 4 SCC 340 and prayed for dismissal of the writ appeal.
Sole contention of learned counsel for the appellants in this writ appeal is that after note sheet dated 12.2.1981, the appellants have completed all the formalities and hence, the respondents are bound to execute the said lease deed in their favour.
As per record, the writ petition has been filed after an inordinate delay of 25 years. This court cannot entertain belated claims unless petitioner offers tangible explanation. As no such explanation has been given, writ petition deserves to be dismissed on this ground alone. However, in case any adverse order is passed or adverse action is taken against the appellants, the same can be challenged by them before the appropriate authority in accordance with law.
With the aforesaid, this writ appeal stands disposed of.
(P.K.Jaiswal) (Smt.S.R.Waghmare)
Judge Judge
Rks.