TaxTMI 
TaxTMI 
2016 (4) TMI 47
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....;G' at page 35 to the writ petition to urge that the delay be condoned and the writ petition be heard on merits. 4) Paragraph 10 of the writ petition and the chart at page 35 Exhibit - 'G' to the paper book read as under:- "10. The petitioner states that the impugned judgment and order was passed on 28.11.2008. Thereafter certified copy was ready and delivered on 5.1.2009. The petitioner being the Government Department was required to follow certain administrative procedure which consumed time. After decision of the Maharashtra Sales Tax Tribunal, Mumbai, the Petitioner has immediately submitted the proposal to the Government for sanction through proper channel. The Petitioner submits that after obtaining the requisite san....
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.... Date of the letter sent to Govt. In F. D. for seeking permission to file Writ Petition 5. 10.07.2009 Date of the reply received from Govt. 6. 16.07.2009 Date of the letter sent to Govt. Pleader of the Bombay High Court for drafting of W. P., original side Letter wrongly sent to original side instead of Appellate Side 7. 17.08.2009 Date on which draft of Writ Petition received original side. Wrongly received from original side instead of Appellate Side 8. 24.08.2009 Draft of Writ Petition Submitted to JC(Legal) for approval. 9. 25.08.2009 JC(L) orders DC(CM) to verify the portion in draft containing para 6 having capital letters, correct factually and resubmi....
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....t in reply filed to this writ petition and we see much substance in the contentions of Ms. Badheka on the point of delay. 6) There may not be a statutory prescription or a period of limitation prescribed for filing a writ petition under Article 226 of the Constitution of India. However, the principles evolved and for decades together are that merely because the Government is a litigant, the Court should not take a sympathetic view and if the delay is gross, unexplained and can be safely termed as laches, then, the writ petition can be dismissed on that ground alone. 7) It has been clarified that neither section 5 of the Limitation Act or the rigors of statute of limitation or the principles evolved and referred above can be relaxed me....
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....t Original Side. Thereafter, the matter was again pending with the Finance Department and it is admitted that from 14th May, 2009 till 26th December, 2011, not even a draft of the writ petition was ready and to be filed in this Court. The draft was approved only on 9th February, 2012/13th February, 2012. 10) We do not find the above explanation to be reasonable at all. If for one and a half years and more the files are lying in Government Pleader's office, then, we do not know why there was no promptness or expediency exhibited in meeting the concerned Government advocates, getting the draft prepared and duly filed. If this is how the Government revenue is sought to be protected, then, we say nothing more. We cannot put a premium on ....