1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2874 OF 2009 Madhavrao S/o.Babanna Chendke, and others PETITIONERS VERSUS The State of Maharashtra and others RESPONDENTS Mr.Padmakar Deshmukh, learned counsel for the petitioners. Mr.V.H.Dighe, learned AGP for respondent no.1 Mr.V.S.Panpatte, learned counsel for respondent no.2 (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 16/09/2009 PER COURT : 1. The petitioners who have slumbered over their rights for the last 50 years by filing this petition have awakened to question not only the acquisition of their land which was effected in 1969, but also pray for issuance of a writ directing the respondents to initiate acquisition proceedings and to pay the petitioners damages for wrongful use of their land. 2. According to the petitioners, the land of the petitioners came to be acquired when they were minors and their father is alive. Since 2 the petitioners were minor, they could not initiate any legal proceedings for enforcement of their rights. The age of petitioner no.1 is 65 years while the age of petitioner no.2 is 50 years. According to the petitioners since then they have been repeatedly sending representations to the respondents which have gone unheeded. 3. This petition suffers from a gross delay and also suffers from laches. The land came to be acquired in 1969 and after a passage of nearly 40 years, the present petition has been filed. In any event, the relief which the petitioner has prayed for directing the respondents of initiating acquisition proceedings can not be granted. The relief at prayer clause clause C and for damages also is hopelessly belated. In the light of that therefore we find that this petition which suffers from laches is deserves to be dismissed and is accordingly dismissed summarily with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/SEP 2009/wp2874-09