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IN THE HIGH COURT OF ALLAHABAD
VIVEK KUMAR BIRLA, J.
State Of U.P. – Appellant
Versus
Chief Controlling Revenue Authority At Allahabad And Another – Respondents
Writ C No. - 11012 of 2021
Decided on : 20-07-2021
Limitation - Condonation of Delay - Ground of latches - Order indicates that huge amount is involved in the present case - Challenged - Impugned order under challenge has been passed by the respondent no. 1 and it has not been challenged by petitioner well within time as Commissioner Stamps at U.P. Allahabad after considering the impugned order forwarded a letter to A.I.G. Stamps regarding filing the writ petition before this Hon'ble Court.
Finding of the court: It is a settled legal proposition that law of limitation may harshly affect a particular party but it has to be applied with all its rigour when statute so prescribes - Court has no power to extend period of limitation on equitable grounds. “A result flowing from a statutory provision is never an evil. A court has no power to ignore that provision to relieve what it considers a distress resulting from its operation.” Statutory provision may cause hardship or inconvenience to a particular party but court has no choice but to enforce it giving full effect to same. Legal maxim dura lex sed lex which means “law is hard but it is law”, stands attracted in such a situation. It has consistently been held that, “inconvenience is not” a decisive factor to be considered while interpreting a statute - Latches have not been sufficiently explained.
Result: Writ petition dismissed
JUDGMENT :
1. Heard learned Standing Counsel for the petitioner.
2. This petition has been filed by the State of U.P. through Principal Secretary, Stamps and Registration challenging the order dated 5.7.2017 passed by respondent no. 1, Chief Controlling Revenue Authority, Allahabad.
3. A perusal of the order indicates that huge amount is involved in the present case. Impugned order is being challenged on several grounds.
4. Stamp reporter has reported the latches of 1267 days in filing the present petition.
5. Such huge lacthes have been explained in paragraph nos. 3 to 10 of the petition which reads as under:
4. That thereafter the Sub Registrar, Etawah send a requesting letter dated 4.9.2017 to A.D.G.C. District Etawah asking for his opinion and the learned A.D.G.C. District Etawah has given his opinion on 11.9.2017 to Sub Registrar Etawah to file writ petition before Hon'ble High Court Allahabad. In this regard the copy of the letter dated 11.9.2017 is being filed herewith and marked as Annexure No. 2 to this writ petition.
5. That after getting the opinion from A.D.G.C. District Etawah for filing the writ petition before Hon'ble High Court at Allahabad the District Magistrate, Etawah send a letter dated 26.9.2017 to the Commissioner Stamps, Board of Revenue at Allahabad for seeking permission from the Government/ Administration. In this regard the copy of the letter issued by the District Magistrate, Etawah seeking permission from State Authorities dated 26.9.2017 is being filed herewith and marked as Annexure No. 3 to this writ petition.
6. That the District Magistrate, Etawah again dispatched a letter dated 16.7.2020 to A.I.G. Stamps District Etawah as well as a reminder dated 20.7.2020 for filing the writ petition before Hon'ble High Court at Allahabad. In this regard the copy of the letter dated 16.7.2020 as well as reminder dated 20.7.2020 are being filed herewith and marked as Annexure No. 4 to this writ petition.
7. That the Special Secretary and Additional Law Advisor U.P. Government forwarded a letter to the Chief Standing counsel High Court Allahabad for filing writ petition before Hon'ble High Court Allahabad. In this regard the copy of the letter dated 26.10.2020 is being filed herewith and marked as Annexure No. 5 to this writ petition.
8. That thereafter a letter dated 2.11.2020 has been sent to Commissioner Stamps U.P. Prayagraj by Special Secretary U.P. Admin in regard with sanction of U.P. Administration for filing writ petition before Hon'ble High Court Allahabad vide letter dated 1.12.2020 directing A.I.G. Stamps District Etawah to proceed for filing writ petition before Hon'ble High Court Allahabad. In this regard the copy of the letter dated 2.11.2020 and 1.12.2020 are being filed herewith and marked as Annexure No. 6 to this writ petition.
9. That thereafter A.I.G. Stamps District Etawah send a letter dated 17.2.2021 to Chief Standing Counsel High Court Allahabad for filing writ petition in the aforesaid matter. In this
Delay/Latches/Limitation - Latches of 1267 days in filing petition – Latches have not been sufficiently explained - It clear that for almost two years and ten months matter was not at all pursued, ev....
The court emphasized the accountability of State-Authorities for inaction and held that the impersonal machinery of the government cannot be used as a ground for condonation of delay.
“unavoidable” and “unspoken” circumstances cannot be taken shelter of to claim condonation of delay in approaching the Courts. In fact the course adopted by the State in preferring the review petitio....
The court held that bureaucratic inefficiencies do not constitute sufficient cause for condoning delays in appeals, emphasizing accountability in litigation processes.
The State must provide satisfactory reasons for delay in filing petitions; bureaucratic inefficiency is no excuse. Condonation of delay should not undermine the principles of timely justice.
Administrative lethargy and bureaucratic delays do not constitute sufficient cause for condoning inordinate delays by state in filing appeals; bona fides and vigilance required.
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