2009 (5) TMI 915 - SC - Indian Laws

Whether in an occasional case delay occurs which is inexplicable in normal circumstances? Whether delay, should result in the negation of the state s claim and at the cost of the interest of the members of the public whose cause has not been carefully espoused?

Issues Involved:
1. Delay in filing special leave petitions.
2. Determination of excess agricultural land holdings.
3. Allegations of fraud and misconduct by officials.
4. Jurisdiction of the Land Tribunal.
5. Review and dismissal of the review petition by the High Court.
6. Condonation of delay by the Supreme Court.

Detailed Analysis:

1. Delay in Filing Special Leave Petitions:
The special leave petitions were filed with a significant delay of nearly 6500 days against the original order and about 300 days concerning the review petition. The Supreme Court noted that the delay was due to either bureaucratic processes or deliberate manipulation, which often fails to protect public justice and results in public mischief.

2. Determination of Excess Agricultural Land Holdings:
The agricultural lands in question were purchased by a registered partnership firm. The Land Tribunal determined that the declarants held 368.16 acres in excess of the ceiling limit after deducting tenanted and exempted lands. The Tribunal initially held that 2820 acres were exempted lands and calculated the excess holding accordingly.

3. Allegations of Fraud and Misconduct by Officials:
The State contended that the Tahsildar, acting as the Secretary of the Land Tribunal, committed fraud by not sending the declaration to the Deputy Commissioner and by relying on certificates from the Cardamom and Rubber Boards. The State argued that the Land Tribunal's order and the High Court's dismissal of the State's writ petition were obtained by practicing fraud.

4. Jurisdiction of the Land Tribunal:
The State argued that the Land Tribunal had no jurisdiction to decide on the lands purchased by the firm and that the declaration should have been dealt with under Section 79B of the Karnataka Land Reforms Act. The High Court, however, dismissed the State's writ petition, holding that there was no error in the Land Tribunal's order.

5. Review and Dismissal of the Review Petition by the High Court:
The High Court dismissed the review petition, finding no element of fraud. The High Court allowed the State or the Tribunal to get the land surrendered in accordance with the law. The respondents argued that the delay in filing the review petition was not explained and that no fraud was committed.

6. Condonation of Delay by the Supreme Court:
The Supreme Court noted that the expression "sufficient cause" must receive a liberal construction to advance substantial justice. The Court highlighted that procedural delays are common in government matters and that public interest should not suffer due to such delays. The Court condoned the delay subject to the payment of exemplary costs of ten lakhs rupees to the respondents, emphasizing the need for the State to initiate action against those responsible for the alleged fraud and delay.

Conclusion:
The Supreme Court condoned the delay in filing the special leave petitions, subject to the payment of exemplary costs. The Court emphasized the importance of protecting public justice and the need for the State to take immediate action against the responsible officials. The case highlights issues of jurisdiction, fraud, and procedural delays in the context of land reforms and government litigation.

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