Allahabad High Court
BHURAversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The petition is barred by laches and is dismissed.
Summary
The petitioner Bhura challenged a 2012 order passed under Section 157-A of the Uttar Pradesh Zamindari and Land Reforms Act, 1950 that favored his father, who subsequently executed a sale deed of the land. The writ petition was filed in 2026, fourteen years after the order. The High Court held that the petition could not be entertained because the delay amounted to laches, especially since the sale deed had already been executed. The court observed that the petition was barred by the principle of laches and therefore could not be entertained. Consequently, the petition was dismissed, though the petitioner was given liberty to seek any other legal remedy available under the law.
Issues considered
- Whether an order passed under Section 157-A of the U.P. Zamindari and Land Reforms Act, 1950 can be challenged after a lapse of fourteen years.
- Whether the doctrine of laches bars the writ petition filed by the petitioner.
Legislation cited
- U.P. Zamindari and Land Reforms Act, 1950 — s. 157-A
Subjects
- laches
- writ petition
- Section 157-A
- U.P. Zamindari and Land Reforms Act
- sale deed
- limitation period
- land acquisition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17529 of 2026
Bhura
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Puneet Kumar
Counsel for Respondent(s) : C.S.C.
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
1. This petition has been filed challenging an order dated 04.07.2012
passed under section 157-A of U.P. Z.A. and L.R. Act, 1950 in favour of
the father of the petitioner, who thereafter executed the sale deed of the
land in question. This petition has been filed by the petitioner challenging
the said order.
2. In my view, this order cannot be challenged by the petitioner,
especially when the sale deed has been executed by the father of the
petitioner and the writ petition has been filed after a lapse of 14 years
from the date of order passed.
3. The petition is badly barred by laches. Accordingly, the petition stands
disposed of with liberty to the petitioner to avail the remedy as available
to him under the law.
(Manish Kumar Nigam,J.)
May 5, 2026
Nitika Sri.
Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad
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