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2004 Supreme(All) 773

MARKANDEY KATJU, R.S.TRIPATHI
Sadgi Investment (P. ) Ltd. – Appellant
Versus
State of U. P. – Respondent


Advocates:
Counsel for the Petitioner: R. C. Sinha and Arvind Kumar.
Counsel for the Respondents: S.C.

JUDGMENT

M. Katju, J.—This writ petition has been filed with a prayer for mandamus directing the respondents to de-notify the land in question which was notified under the Land Acquisition Act. The petitioner has also prayed for a writ of certiorari to quash the impugned notification dated 31.10.2000 under Section 4/17 of the Land Acquisition Act and the notification dated 5.10.2002, issued under Section 6 and also the impugned order dated 10.3.2003, passed by the respondent No. 1 copy of which is Annexure-1 to the writ petition. The petitioner has also prayed for a mandamus restraining the respondents from taking possession of the disputed land in pursuance of the impugned notification.

2. We are of the opinion that this petition is liable to be dismissed on the ground of laches.

3. It may be noted that the notification under Section 4/17 copy of which is Annexure-4 to the writ petition was issued on 31.10.2000, whereas the present writ petition has been filed in April, 2004. Thus, the challenge to the said notification is clearly belated. Similarly, the challenge to the notification dated 5.10.2002, is also belated. As regards the impugned order dated 10.3.2003 copy of which is

















































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