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State of U.P. & Another vs. Mohan Lal

Not available · 2024 INSC 375Decided 3 May 2024
Not available
Justice C.T. Ravikumar · Justice Rajesh Bindal

Background

The State of Uttar Pradesh sought to challenge a 2009 order of the Allahabad High Court, but did not file its Special Leave Petition in the Supreme Court until years later, resulting in a delay of 1,633 days. Along with the petition, the State filed an application asking the Court to condone (excuse) this huge delay, explaining that the file took time to move through various government departments (the Competent Authority at Bareilly, the District Government Counsel for legal opinion, and finally State Government permission) and blaming part of the delay on the matter being entrusted to counsel.

Decision Breakdown

The Supreme Court found the State's explanation for the delay unconvincing, noting that the State had already appeared and been heard by the High Court before the impugned order was passed, so it was well aware of the case and had no excuse for waiting so long. The Court also found that the State had misrepresented facts to bolster its case, citing a supposedly "pending" identical matter as a reason for condonation, when in fact both petitions referenced (with a cause-title that was itself misstated) had already been dismissed on delay and on merits. Because the State failed to show "sufficient cause" for the delay, and had also been less than candid with the Court, the application for condonation of delay was dismissed, and consequently the Special Leave Petition itself was also dismissed without being heard on merits.

Lesson Learnt

Even government litigants get no special leniency for prolonged internal file-processing delays, and courts scrutinize delay-condonation applications closely, misstating facts about related cases (even inadvertently) can seriously damage a litigant's credibility and cost them the opportunity to be heard at all.

Official source (sci.gov.in)View Judgment (PDF)

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