There is a clear distinction in law regarding pleadings in the Writ Petition and that of a suit proceedings. A petitioner is required adduce evidence to substantiate the pleadings of the Writ Petition. There is nothing on the record to show as on what basis the statement had been made by the Petitioner, that compensation had not been paid to his forefathers. The petitioner was born after 15 years of acquisition of the land. The Petitioner's father or grandfather could have challenged the acquisition proceedings. However, they did not choose to do so. Even if the land had been taken illegally, the issue cannot be examined at such a belated stage. Hence the petition is liable to be dismissed.

It is settled proposition of law that a party has to plead the case and produce/adduce sufficient evidence to substaniate his submission made in the petition and in case the pleadings are not complete, the Court is under no obligation to entertain the pleas.___CLT Vol.108 (89)

“In our opinion, when a point, which is ostensibly a point of law is required to be substantiated by facts, the party raising the point, if he is the Writ Petitioner, must plead and prove such facts by evidence which must apper from the Writ Petition and if he is the Respondent, from the counter affidavit. If the facts are not pleaded or the evidence in support of such facts is not annexed to the Writ Petition or to the counter-affidavit, as the case may be, the Court will not entertain the point. There is distinction between a pleading under the Code of Civil Procedure and a Writ Petition or a counter-affidavit. While in a pleading, that is a plaint or a written statement, the facts and not the evidence are required to be pleaded. In a Writ Petition or in the counter affidavit, not only the facts but also the evidence in proof of such facts have to be pleaded and annexed to it.” (Emphasis added).

______________Bharat Singh & Ors. Vs. State of Haryana & Ors., AIR 1988 SC 2181

Similar views : -

1. M/s. Larsen & Toubro Ltd. & Ors. Vs. Stae of Gujarat & Ors., AIR 1998 SC 1608

2. National Buildings Construction Corporation Vs. S. Raghunathan & Ors., AIR 1998 SC 2779

3. Ram Narain Arora Vs. Asha Rani & Ors., AIR 1998 SC 3012

4. Smt Chitra Kumari Vs. Union of India & Ors., AIR 2001 SC 1237

5. State of U.P. & Ors. Vs. Chandra pPrakash Pandey & Ors., AIR 2001 SC 1298

6. M/s. Atul castings Ltd. Vs. Bawa Gurvacha Singh, AIR 2001 SC 1684

7. Vithal N. Shetti & Anr. Vs. Orakash N. Rudrakar & Ors., (2003) 1 SCC 18

8. Devasahayam (Dead) by L.Rs.Vs. P. Savithramma & ors., (205) 7 SCC 653

9. Sait Nagjee Purushottam & Co. Ltd. Vs. Vimalabai Prabhulal & ors., (2005) 8 SCC 252