SURJEET SINGH SAHNI versus STATE OF U.P. AND ORS.

SURJEET SINGH SAHNI versus STATE OF U.P. AND ORS.

The Supreme Court held that the petition seeking specific performance under Article 226 filed after long delay was not maintainable; mere belated representation does not extend limitation and High Courts should dismiss writs barred by delay and laches rather than directing belated representations which could revive time-barred claims. Consequently the SLP was dismissed.

Parties
Petitioner: Surjeet Singh Sahni; Respondent: State of U.P. and Ors.
Jurisdiction
India
Judgment Date
28 February 2022
Procedural Posture
Special Leave Petition (c) No. 3008 of 2022 / SLP Dismissed by Supreme Court on Merits and Delay/laches Grounds
Outcome
Special Leave Petition dismissed
Legal Topics
Article 226, Specific Performance, Delay and Laches, Representation to Administrative Authority, Maintainability of Writ for Contractual Relief
Constitutional Law Civil Procedure Property Law Limitation Administrative Law Article 226 Specific Performance Delay and Laches +2 more

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Parties

Surjeet Singh Sahni

Petitioner

State of U.P. and Ors.

Respondent

Procedural Posture

Special Leave Petition (c) No. 3008 of 2022 / SLP Dismissed by Supreme Court on Merits and Delay/laches Grounds

Legal Issues

  1. 1 Whether a writ under Article 226 is maintainable for specific performance of a contract.
  2. 2 Whether a belated representation to the authority extends the period of limitation or gives rise to a fresh cause of action on its rejection.
  3. 3 Whether the High Court should dismiss writ petitions barred by delay and laches at the threshold rather than relegating the petitioner to file a representation.

Ratio Decidendi

The Supreme Court held that the petition seeking specific performance under Article 226 filed after long delay was not maintainable; mere belated representation does not extend limitation and High Courts should dismiss writs barred by delay and laches rather than directing belated representations which could revive time-barred claims. Consequently the SLP was dismissed.

Court Disposition

Special Leave Petition dismissed

Orders

  • Impugned judgment and order of the High Court dated 09.09.2021 dismissing Writ C No.40336 of 2017 is upheld
  • Pending applications, if any, are disposed of