Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Delayed writ petition Belated representation before appropriate authority |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Delay / Laches – Belated representation before appropriate authority – Delayed writ petition – Effect of – Held: Mere representation before the authority does not extend the period of limitation and the aggrieved person has to approach the Court expeditiously and within reasonable time – If it is found that a writ petitioner is guilty of delay and laches, the High Court should dismiss it at the threshold and ought not to dispose of the writ petition by relegating the writ petitioner to file a representation before the authority and / or directing the authority to decide the representation – Such order should not give an opportunity to the petitioner to thereafter contend that rejection of the representation subsequently (by the authority) has given a fresh cause of action – Constitution of India, 1950 – Art.226. Constitution of India, 1950 – Art.226 – Belated writ petition u/Art. 226, arising out of contract between the parties – Relief sought in the form of specific performance of the contract – Maintainability of the writ petition – Held: On facts, no writ u/Art.226 shall be maintainable and/or entertainable for specific performance of the contract and that too after a period of 10 years by which time even the suit for specific performance would have been barred by limitation – Limitation. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 245 |
Petitioner | Surjeet Singh Sahni |
Respondent | State Of U.p. And Ors. |
SCR | [2022] 1 S.C.R. 728 |
Judgement Date | 2022-02-28 |
Case Number | 3008 |
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