The Supreme Court's division bench Justices Dinesh Maheshwari and Hrishikesh Roy recently chastised the Uttar Pradesh government for filing an appeal petition quite late and with incorrect particulars, pointing out that the State litigation cannot be so casual. The Court was hearing an appeal filed by the UP government, which was challenging an Allahabad High Court decision that increased compensation for a piece of land awarded to one Vimla Devi. Since the State's application was time-barred by 1173 days, an application seeking condonation of delay was moved before the Top Court.

"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 added that the State had not provided any explanation for the excessive delay in filing the application after 31st March.

The Court also stated that the date of judgment and particulars stated in the State's appeal was irrelevant to the current case.

"It is also disturbing to notice that the application has been filed in a casual manner before this Court, as could be seen from paragraph 6 of the extraction aforesaid, where the date of judgment and particulars of the appeal are not of the present matter at all. Obviously, 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." "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 observed that "We are left with no doubt that such matters are filed in a cursory manner to somehow seek certification of dismissal by the Supreme Court. We thoroughly disapprove such a practice and feel necessary to impose costs on the petitioners".

The Bench strongly condemned the practice and imposed Rs One Lakh in costs on the State government, which must be deposited with the Supreme Court Employees Welfare Association's welfare fund within four weeks.

The Court also left open the possibility of the State recovering the amount from the individuals/officers responsible for filing the petition with inexplicable delay and without sufficient cause or justification. The Court clarified that the recovery could be made after depositing the amount of costs.

Case Details:-

Diary No. 34772/2022
STATE OF UTTAR PRADESH & ANR. Petitioner(s)
 VERSUS
VIMLA DEVI Respondent

Read the complete order:-

https://main.sci.gov.in/supremecourt/2022/34772/34772_2022_7_35_40527_Order_12-Dec-2022.pdf