2021 (7) TMI 1461

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....assed, yet, there is neither an application for condonation of delay nor any explanation for such delay in filing the writ application. 4. The Supreme Court has made it clear in a series of judgments, including the recent decision in The State of Madhya Pradesh v. Bherulal 2020 SCC OnLine SC 849, that there have to be proper and convincing reasons for the delay in the state authorities filing appeals or petitions. In the said decision the Supreme Court observed as under: "2. We are constrained to pen down a detailed order as it appears that all our counseling to Government and Government authorities have fallen on deaf ears i.e., the Supreme Court of India cannot be a place for the 2 Governments to walk in when they choose ignor....

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.... to be condoned mechanically merely because the Government or a wing of the Government is a party before us. Though we are conscious of the fact that in a matter of condonation of delay when there was no gross negligence or deliberate inaction or lack of bonafide, a liberal concession has to be adopted to advance substantial justice, we are of the view that in the facts and circumstances, the Department cannot take advantage of various earlier decisions. The claim on account of impersonal machinery and inherited bureaucratic methodology of making several notes cannot be accepted in view of the modern technologies being used and available. The law of limitation undoubtedly binds everybody including the Government. 13) In our view, i....

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....e given a go-by. If a case is good on merits, it will succeed in any case. It is really a bar of limitation which can even shut out good cases. This does not, of course, take away the jurisdiction of the Court in an appropriate case to condone the delay. 6. We are also of the view that the aforesaid approach is being adopted in what we have categorized earlier as "certificate cases". The object appears to be to obtain a certificate of dismissal from the Supreme Court to put a quietus to the issue and thus, say that nothing could be done because the highest Court has dismissed the appeal. It is to complete this formality and save the skin of officers who may be at default that such a process is followed. We have on earlier occasions....

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....aid amount be also filed in this Court within the said period of time. 9. The special leave petition is dismissed as time barred in terms aforesaid." 5. The Supreme Court has recently in a series of matters reiterated that the explanation usually offered by the State and its entities for the delay on account of administrative exigencies should not be accepted unless they are shown to be justified. A sampling of such orders is as under: (i) Order dated 13th January 2021 in SLP No. 17559 of 2020 (State of Gujarat v. Tushar Jagdish Chandra Vyas & Anr.) (ii) Order dated 22nd January 2021 in SLP No. 11989 of 2020 (The Commissioner of Public Instruction & Ors. v. Shamshuddin) (iii) Order dated 22nd January 2....