Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2021 (7) TMI 1461

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the state authorities filing appeals or petitions. The Supreme Court has recently in a series of matters reiterated that the explanation usually offered by the State and its entities for the delay on account of administrative exigencies should not be accepted unless they are shown to be justified. The writ petition is accordingly dismissed on the ground of laches. - THE CHIEF JUSTICE AND JUSTICE S.K. PANIGRAHI For the Appellant : Mr. M.S. Sahoo, AGA For the Respondent : None ORDER 1. This matter is taken up by video conferencing mode. 2. Heard learned counsel for the Petitioners. 3. The petitioner has challenged the order dated 26.2.2019 passed by Odisha Administrative Tribunal, Bhubaneswar in O.A. No. 767 of 2019. The present writ applic .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... o the Government (Collector, Land Acquisition, Anantnag Anr vs. Mst. Katiji Ors. (1987) 2 SCC 107). This position is more than elucidated by the judgment of this Court in Office of the Chief Post Master General Ors. v. Living Media India Ltd. Anr. (2012) 3 SCC 563 where the Court observed as under: 12) It is not in dispute that the person(s) concerned were well aware or conversant with the issues involved including the prescribed period of limitation for taking up the matter by way of filing a special leave petition in 3 this Court. They cannot claim that they have a separate period of limitation when the Department was possessed with competent persons familiar with court proceedings. In the absence of plausible and acceptable explanation, .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... sidering the fact that there was no proper explanation offered by the Department for the delay except mentioning of various dates, according to us, the Department has miserably failed to give any acceptable and cogent reasons sufficient to condone such a huge delay. Eight years hence the judgment is still unheeded! 4. A reading of the aforesaid application shows that the reason for such an inordinate delay is stated to be only due to unavailability of the documents and the process of arranging the documents . In paragraph 4 a reference has been made to bureaucratic process works, it is inadvertent that delay occurs . 5. A preposterous proposition is sought to be propounded that if there is some merit in the case, the 5 period of delay is to .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... and we propose to do in all matters today, where there are such inordinate delays that the Government or State authorities coming before us must pay for wastage of judicial time which has its own value. Such costs can be recovered from the officers responsible. 8. Looking to the period of delay and the casual manner in which the application has been worded, we consider appropriate to impose costs on the petitioner-State of Rs. 25,000/- (Rupees twenty five thousand) to be deposited with the Mediation and Conciliation Project Committee. The amount be deposited in four weeks. The amount be recovered from the officers responsible for the delay in filing the special leave petition and a certificate of recovery of the said amount be also filed i .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates