Allahabad High Court
RAMCHARITARversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A stale and belated claim regarding land acquisition cannot be entertained, and the writ petition is dismissed.
Summary
The petitioner alleged that certain lands were taken over without proper acquisition, referencing an acquisition that occurred in 1976, but failed to specify the date of possession. The respondent argued that the claim was stale and should have been raised in the year of acquisition, relying on the Supreme Court decision in Syed Maqbool Ali v. State of U.P. (2011) 15 SCC 383. The court agreed that a belated claim could not be entertained. Consequently, the writ petition was dismissed.
Issues considered
- Whether a claim concerning land acquisition made many years after the alleged taking over can be entertained by the court
Subjects
- land acquisition
- stale claim
- limitation
- writ petition
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 36580 of 2025
Ramcharitar
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anurag Shukla, Kripa Shankar Shukla
Counsel for Respondent(s) : C.S.C.
Court No. - 29
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE KUNAL RAVI SINGH, J.
1. From the record, we find that the acquisition had taken place in the year
1976.
2. Learned counsel for the petitioner has stated that certain lands were
taken over without any acquisition. No date of actual taking over of
possession of those land has been mentioned anywhere in the writ
petition.
3. Learned Standing Counsel submits that if any decision is required to be
taken, the same ought to have been taken in the initial year itself. In this
regard, he relied upon a judgment of the Hon’ble Supreme Court in Syed
Maqbool Ali v. State of U.P. and Another, reported in (2011) 15 SCC
383, and submitted that a very stale and belated claim cannot be
entertained by the Court.
4. We do find substance in the submission of the learned Standing
Counsel.
5. The writ petition is, accordingly, dismissed.
(Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
September 28, 2026
PK
Digitally signed by :-
PRAVEEN KUMAR
High Court of Judicature at Allahabad
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