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TMI Blog2022 (3) TMI 317X X X X Extracts X X X X X X X X Extracts X X X X ..... he 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 10% of the amount as being paid under the Sale Deed. In addition, it clearly recorded that Original Farmer shall also be entitled to Rehabilitation Bonus . 2.2 That after a period of 10 years from the date of execution of the Sale Deed, the petitioner made a representation to NOIDA vide representation dated 10.03.2010 requesting to allot a plot as agreed in terms of the Sale Deed. That thereafter the petitioner preferred Writ Petition No.5599 of 2011 before the High Court of Allahabad inter alia praying that directions to the NOIDA to allot 10% of the land of the acquired area of the land of the petitioner for Abadi purposes in terms of Clause 12 of the Sale Deed dated 19.09.2001 and as per Resolution in 102nd meeting of NOIDA Bo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner is not original agriculturist; and the establishment of NOIDA in 1976 shall have no bearing on the matter. 2.4 Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court dismissing the writ petition, the original writ petitioner has preferred the present special leave petition. 3. We have heard Shri Dhruv Mehta, learned Senior Advocate appearing on behalf of the petitioner at length. We have also gone through the impugned judgment and order passed by the High Court. 4. At the outset, it is required to be noted that by way of writ petition under Article 226 of the Constitution of India as such the petitioner prayed for a specific performance of Clause 12 of the Sale Deed dated 19.09.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers passed by the High Courts directing the authorities to decide the representation though the representations are made belatedly and thereafter when a decision is taken on such representation, thereafter it can be said on behalf of the petitioner that the fresh cause of action has arisen on rejection of the representation. Therefore, when such orders are passed by the High Courts either relegating the petitioner to make a representation and/or directing the appropriate authority to decide the representation, the High Courts have to consider whether the writ petition is filed belatedly and/or the same is barred by latches and/or not, so that in future the person who has approached belatedly may not contend that the fresh cause of action ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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