STATE OF U P Vs. SALVATION ARMY

JUDGEMENT

(1.) THIS writ petition has been filed by the State of U.P. against the judgment of Sri Murli Dhar, District Judge, Lucknow dated 16-5-1978 in M.C.A. No. 98 of 1977-The Salvation Army, Bareilly v. State of U. P.

(2.) THE competent authority through its judgment dated 21-4-1977 had declared 18055.31 Sq. meter vacant land held and possessed by opposite party no. 1 in the present writ petition in a proceeding under Section 8 of the Urban Land (Ceiling and Regulation) Act, 1976. Aggrieved by the judgment of the Competent Authority opposite party no. 1 had preferred an appeal which was decided through the impugned judgment.

(3.) I have considered the contentions raised on behalf of the parties. Since the petitioners are State of U. P. and the Competent Authority which needed sanction and necessary expenses for filing the present writ petition and ordinarily the writ petition could be filed by the end of August, 1978, hence the delay of three weeks in preferring the writ petition is not such that the writ petition should be dismissed on the ground of limitation or laches. I am satisfied that the delay in filing the present writ petition is not such as may stand as a bar in the hearing of the writ petition on merits. More than three weeks were spent in obtaining sanction and money for filing this writ petition (see paragraph 26 of the writ petition.)