SC Imposes Rs One Lakh Costs on UP Government for Filing Appeal with Incorrect Particulars

Supreme Court LAW INSIDER

Aastha Thakur

Published on: 20 December 2022 at 12:39 IST

The Supreme Court recently rebuked the Uttar Pradesh government for filing appeal so late, with incorrect particulars.

The bench of Justices Dinesh Maheshwari and Hrishikesh Roy lamented for so ‘casual’ approach of the State Litigation.

The bench was dealing with an appeal matter moved by the UP government against an Allahabad High Court decision; however, the application was time barred by 1173 days, and the application seeking condonation of delay was also submitted before the apex court.

The State gave reason of pandemic for delay in filing appeal and relied on relaxation in limitation period given by the apex court till March 31, 2022. Still, the court was not satisfied.

The bench said “A cursory reference to the pandemic situation is baseless for the reason that no such situation was prevalent on the date of passing of the order by the High Court and at least seven months thereafter”,

The Bench said while adding that the State had not given any explanation for the inordinate delay in filing the application post March 31.

The court pointed out that the paragraph 6 of the application filed in the present matter shows nonchalant approach of the State government.

“…. such incorrect particulars have occurred because of preparation of the application in a casual manner, essentially with reproduction or copying of the contents from any other application.”

The senior counsel appearing for the State accepts the application did not cover relevant and correct particulars and therefore, sought for time to file a better one. The court did not entertain this request.

“In the totality of circumstances of this case, we have declined such a prayer for filing better affidavit. 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 bench disapproves such practice and also imposed Rs One Lakh on the State government, to be deposited with the welfare fund of the Supreme Court Employees Welfare Association within four weeks.

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