(1) WP. WP-3314.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3314 OF 2010 Yogesh S/o Shridhar Halse, Age: 8 years, under the natural guardianship of mother Kalpana w/o Shridhar Halse, Age : 34 years, Occu.: Agriculture & Household, R/o Gurukrupa Niwas, Bank Colony, Behind Shabri Hotel, Ahmedpur, Dist. Latur PETITIONER VERSUS The State of Maharashtra and ors. RESPONDENTS ..... Mr. U.K. Patil, Advocate for the Petitioner. Mr. N.B. Patil, A.G.P. for the Respondent-State. ..... CORAM : SMT. NISHITA MHATRE & M.T. JOSHI, JJ. DATED : 4TH JULY, 2011 PER COURT:- 1. The petitioner is seeking acquisition of his land to the extent of 39 R out of survey no.42/1/3 of village Ahmedpur on the ground that at the time of acquisition of the rest of the land from the said survey number in the year 1984 during the period of deceased father, the entire land including the present 39 R of land was taken in possession by (2) WP. WP-3314.2010 acquiring body i.e. respondent no.2-Industrial Training Institute at Ahmedpur. 2. The petitioner is also seeking a direction to the respondent no.6 The Taluka Inspector of Land Record, Ahmedpur to measure the land in order to find out as to whether this piece of land is also in possession of respondent no.2. 3. Admittedly, the notification for acquisition of the land under section 4 of the Land Acquisition Act ("said Act") was issued on 30.8.1981. Thereafter, the notification under section 6 of the said Act r/w. section 126 of the Maharashtra Regional Town Planning Act was published on 22.11.1984 and the final award was passed on 19.9.1986. The petitioner, however, has started the activity in regard to the acquisition of the land in the year 2006 by filing an application for measuring his land. According to him, after the demise of his father in the year 2006, he started the said activity. 4. The learned A.P.P. Mr. N.B. Patil vehemently submitted that the Petition suffers for delay and (3) WP. WP-3314.2010 laches. Relying in the ratio of "State of Maharashtra v. Digambar AIR 1995 Supreme Court 1991(1)" he submits that the Petition could not be entertained. 5. It is an admitted fact that the petitioner's deceased father kept quite over the matter for a period of 22 years. Thereafter, upon his death, the present petitioner started activity for getting the land measured. The Petition suffers from delay and laches. In the circumstances, the same cannot be entertained. The Petition is therefore rejected, without any order as to costs. Sd/- Sd/- [M.T. JOSHI, J.] [SMT. NISHITA MHATRE, J.] arp