Madhya Pradesh High Court Denies State's Plea for Delay Condensation in Writ Appeal

Court Emphasizes Non-Privileged Status of State in Legal Proceedings; Criticizes Lethargy of State Authorities

In a significant ruling, the Madhya Pradesh High Court has rejected an application by the State Government seeking condonation of a delay exceeding 400 days in filing a writ appeal. The judgment, delivered by a division bench comprising Justices G.S. Ahluwalia and Pushpendra Yadav, underscores the non-privileged status of state authorities in legal matters and criticizes the lack of accountability within the state's administrative machinery.

The case originated from an appeal against an order dated April 3, 2024, which was challenged by the State of Madhya Pradesh and others. The delay in filing the appeal was attributed to various administrative bottlenecks, including delayed legal opinions and sanction approvals. However, the court found these reasons insufficient to warrant condonation of the delay.

The court's decision draws heavily on precedents set by the Supreme Court, notably in the cases of "State of Madhya Pradesh v. Ramkumar Choudhary" and "Shivamma (Dead) by LRs v. Karnataka Housing Board." These judgments emphasize that the state must act against erring officers responsible for delays and that administrative lethargy cannot justify the condonation of delays.

In its detailed order, the court noted the absence of any substantial measures taken by the state against officers responsible for the delay. The judgment pointed out the repeated failure of the state to act against its officers, highlighting a systemic issue of laxity and lack of accountability.

By dismissing the application, the court reinforced the principle that state authorities should not be treated as privileged litigants. It stressed the importance of maintaining procedural integrity and ensuring fairness to private litigants who often face daunting challenges when contesting against state machinery.

The court's decision effectively dismisses the writ appeal filed by the state, marking a strong stance against administrative delays and setting a precedent for how such cases should be approached in the future.

Bottom Line:

Application for condonation of delay filed by the State Government rejected due to lethargic attitude of State authorities and lack of action against erring officers.

Statutory provision(s): Limitation Act, 1963 Section 5

State of Madhya Pradesh v. Hridyesh Dubey, (Madhya Pradesh)(Gwalior)(DB) : Law Finder Doc Id # 2805757