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2022 (3) TMI 317 - SUPREME COURTPrayer for specific performance of Clause 12 of the Sale Deed - plot of 10% area (to be calculated of the total land sold) shall be allotted to the petitioner on payment of 10% of the amount as being paid under the Sale Deed - Original Farmer shall also be entitled to Rehabilitation Bonus or not - HELD THAT:- As observed by this Court in catena of decisions, mere representation 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 the writ petitioner is guilty of delay and latches, 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 and/or directing the authority to decide the representation, once it is found that the original writ petitioner is guilty of delay and latches. Such order shall not give an opportunity to the petitioner to thereafter contend that rejection of the representation subsequently has given a fresh cause of action. The High Court has rightly refused to grant any relief which as such was in the form of specific performance of the contract. No writ under Article 226 of the Constitution of India 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. There is no substance in the present special leave petition and the same deserves to be dismissed - Petition dismissed.
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