Court No. - 2 Case :- WRIT - C No. - 40590 of 2010 Petitioner :- Smt. Suman Lata Verma Respondent :- State Of U.P. & Anr. Petitioner Counsel :- Sunil Srivastava Respondent Counsel :- C.S.C.,Vivek Varma Hon'ble Ashok Bhushan,J.
Hon’ble Virendra Singh,J.
Heard learned counsel for the petitioner and Sri Vivek Verma,
learned counsel appearing on behalf of respondent No.2.
By this writ petition, petitioner has prayed for a mandamus
commanding the respondents to allot another plot to the petitioner
amounting to the current market price of the plot No.363 Block L
Scheme-I Kakadev Kanpur Nagar area 621 Square Gauge.
Petitioner’s case in the writ petition is that father in law of the
petitioner Late Rameshwar Prasad Verma was allotted a plot for
which lease was executed on 25th May, 1968 but he could not get
the possession of the plot.
Learned counsel for the petitioner submits that the lease was
registered on 22nd July, 1968. He further submits that Sri
Rameshwar Prasad Verma died on 31st July, 1997 and his son Sri
Satendra Prakash Verma also died on 31st February, 2003 and the
petitioner claiming to be the daughter-in-law of the late
Rameshwar Prasad Verma has come up with this petition making
the aforesaid claim that petitioner’s representation dated
12.11.2009 and 2nd February, 2010 submitted before the V.C.
have not been considered.
Having heard the parties and perusing the record, we are of the
view that this writ petition is barred by laches. The lease is claimed
to be executed in the year 1968 and the petitioner’s father in law
could not take possession of the property. Sri Rameshwar Prasad
Verma, the lease holder died on 31st July, 1997 and even after his
death, 13 years have passed and his son has also died in the year
2003 as stated in the petitioner’s representation. The writ petition
is highly barred by time.
The writ petition is accordingly dismissed on the ground of laches.
Order Date :- 19.7.2010
Shiraz