TaxTMI 
TaxTMI 
2016 (4) TMI 47
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.... 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 sanction vide letter dated 29.6.2009, and received by ....
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....p; 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 resubmit. 10. 19.11.2010 Later on after receiving letter from Desk Officer (F. D.) it was found that the submission should have bee....
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....tion 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 merely because the litigant or the petitioner is Government. The Government enjoys no privilege and when it repeatedly blames the system for not deciding cases on time. Just like any other litigant, the Government also floods the cou....
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....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 utter negligence, complete callousness and carelessness on the part of the Government officials. They cannot expect discretionary and equitable relief from the court under Article 226 of the Constitution of India when the explanation tha....