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Surjeet Singh Sahni vs. State of U.P. and Ors.

Not available · 2022 INSC 245Decided 28 Feb 2022
Not available
M.R. Shah · B.V. Nagarathna

Background

In 2001 the petitioner sold a plot of land to NOIDA under a Sale Deed that promised him a 10% plot back, plus a "rehabilitation bonus," under Clause 12 of the deed. He waited 10 years before making any request to NOIDA to honour this clause, and only went to the Allahabad High Court a year after that. NOIDA eventually rejected his claim, and the High Court dismissed his writ petition, holding that a contractual claim like this should have been pursued as a civil suit, and that it was in any case hopelessly delayed.

Decision Breakdown

The Supreme Court dismissed the petition, agreeing with the High Court on both counts. It held that a writ petition under Article 226 is not the right remedy to enforce specific performance of a contract, and that filing a mere "representation" to the authority years after the right arose does not restart the clock on limitation: the person must approach the court within a reasonable time from when the right accrued, not from when their belated representation is rejected. The Court criticised the practice of High Courts disposing of stale writ petitions by simply directing authorities to "decide the representation," since this artificially creates a fresh cause of action for a claim that was already time-barred. On merits too, the Court agreed that the claim was really for specific performance of a contract, and that route was unavailable after such a long delay.

Lesson Learnt

Sitting on your rights for years and then sending a "representation" to the authority does not revive a stale legal claim. Courts expect a person to act promptly, and disputes arising from a private contract with a government body must ordinarily be pursued through a civil suit, not a writ petition.

Official source (sci.gov.in)View Judgment (PDF)

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