The Supreme Court recently slammed the UP Government over inordinate delay of 1173 days in filing a petition against a Judgment of the Allahabad High Court.

The bench of Justice Dinesh Maheshwari and Justice Hrishikesh Roy observed that no explanation was provided for the inordinate delay.

The bench also noted that the application seeking to explain an inordinate delay of 1173 days was filed bereft of all the necessary particulars and contained incorrect particulars.

"The State litigation, in our view, cannot be taken so casually that the application seeking to explain an inordinate delay of 1173 days is filed bereft of all the necessary particulars and is containing incorrect particulars.", the Court observed.

The petition was filed challenging the judgment passed by the Allahabad High Court, whereby the High Court has provided for certain enhancements in the amount towards compensation for the acquired land in favour of the respondent.

An application seeking condonation of delay was filed in this matter.

V.K. Shukla, Senior Advocate appeared for the State of UP.

"…there is not even a semblance of cause, what to say of sufficient cause, for condonation of a huge delay of 1173 days in filing this petition, which has been filed only on 31.10.2022.", the Court noted.

The Court further observed "We are left with no doubt that such matters are filed in a cursory manner to somehow seek a certification of dismissal by the Supreme Court. We thoroughly disapprove such a practice and feel necessary to impose costs on the petitioners."

Thus the Court rejected the application seeking condonation of delay and imposed Rs. 1 Lakh costs on UP Government.

"…the application seeking condonation of delay is rejected and this petition is, therefore, dismissed with costs quantified at Rs.1,00,000/- (Rupees One lakh), to be deposited by the petitioner-State in the welfare fund of the Supreme Court Employees Welfare Association within four weeks from today.", the Court held.

Cause Title- State of Uttar Pradesh & Anr. v. Vimla Devi

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Justice Dinesh Maheshwari#Justice Hrishikesh Roy

Ashish Shaji