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2011 (7) TMI 1049 - HC - VAT and Sales TaxWhether a specific promise has been made and acting on the promise, the petitioner had acted and consequently put to hardship? Held that:- In the case on hand, there is absolutely no material to support the contention of the writ petitioner that a specific promise has been made and acting on the promise, the petitioner had acted and consequently put to hardship. Law is well-settled that mere averments do not stand the test of proof. The contract period has expired on March 12, 2011. The writ petition has been filed on April 28, 2011, after the expiry of the period. When the terms and conditions of the contract specify a particular period during which, the parties can discharge their obligations, the petitioner has no legal or statutory right to claim the continuance or squat over the quarry site, without there being any extension of contract and any interim order permitting the petitioner to remove the quarry materials by deploying the machineries in the site would virtually amounting to extending the period of lease, without any legal or statutory basis on the determination of the contract period agreed upon by the parties. Courts cannot enlarge the period by granting interim orders. The interim order granted on June 8, 2011 is vacated. Consequently, for the reasons stated supra, the writ petition filed after the expiry of the period is liable to be dismissed and hence dismissed.
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