GIRAN SINGH AND 2 OTHERS v. STATE OF U.P. AND 12 OTHERS
WRIB/2221/2025 · 2025-07-24
Kshitij Shailendra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 60655 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 60655 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:123244 Court No. - 49 Case :- WRIT - B No. - 2221 of 2025 Petitioner :- Giran Singh And 2 Others Respondent :- State Of U.P. And 12 Others Counsel for Petitioner :- Aktar Ahmed Siddiqui Counsel for Respondent :- Arun Kumar Pandey,C.S.C. Hon'ble Kshitij Shailendra,J.
1. This writ petition is reported to be beyond time by 9367 days. 2. Learned Standing counsel points out that the order impugned is dated 24.6.1999 which was passed in a second appeal. 3. Being confronted with the situation that writ petition is highly belated, learned counsel for the petitioners has drawn attention of this Court to para nos. 5,6,7,8,9,10 of the writ petition and has sought to explain the delay/laches. The said paragraphs are reproduced hereinafter:-
"5. That during pendency of the said second appeal she became serious ill and consequently she lost her memory and eye sight. She could not tell about case pending before Hon'ble Board of Revenue. The counsel of Board of Revenue Allahabad also did not inform to the petitioners. 6. That due to her illness she could not contact her counsel. 7. That Smt. Gomti died on 05.03.2024. After her death it came in knowledge of the petitioners that case pending before the Hon'ble Board of Revenue was decided ex-parte in favour of the respondents. Thereafter the petitioners inquired the Khataui through local counsel who after inquiry told that the said second appeal was decided on
24.06.1999. 8. That thereafter petitioner tried to search record of the Tehsil but it could not be traced thereafter approached before Commissioner Moradabad and tried to take certified copy of the order of Additional Commissioner dated 07.01.1994 which was applied on 10.05.24 and obtained on the that day. 9 That thereafter tried to get certified copy of order dated 30.05.1990 passed by the A.S.D.O. Sadar, Rampur, but record could not be traced. 10. That record was found on 11.02.2025 and application for certified copy was applied on 11.02.2025. Thus certified copy was obtained on 18.02.2025."
4. Apparently the attempt of the petitioners is to take shelter of death of his mother which occurred on 5.3.2024. 5. There is nothing on record to indicate as to why during lifetime of the petitioners' mother who was duly represented before the Board of Revenue through counsel and was also heard, did not challenge the order within time. 6.
The explanation offered for delay is not satisfactory and the writ petition is highly barred by laches. 7. This Court is not inclined to entertain such a highly belated challenge to the order passed in the year 1999. 8. Writ petition is, accordingly, dismissed. Order Date :- 25.7.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad