State of U.P.through Collector,Dehradun vs District Judge,Dehradun & Ors.

M. Katju, J.—This writ petition was filed after a delay of 299 days. This court by order dated 2151991 granted one month''s time to the learned Standing Counsel to file supplementary affidavit to explain the delay. Although, this order was passed on 2151991, a supplementary affidavit was filed only on 2631992 i.e. after ten months of the said order. A perusal of the supplementary affidavit show that there was no good cause to condone the delay in filing this writ petition. The impugned order was passed on 2441990, but application for certified copy was filed on 1861990 and there is no explanation for this delay.

It is stated in para 3 of supplementary affidavit that certified copy of the impugned judgment was received on 2061990. The competent authority sent a letter dated 1111990 to the Joint Secretary, U. P. Government, Urban Land Ceiling Anubhag, Lucknow, for approaching the Law Department to issue the requisite order to file the writ petition. There is no explanation for the delay between 2061990 and 1111990. Thereafter it seems that the Joint Secretary, U. P. Government sent a letter dated 20/2221991 to the Competent Authority, intimating that the order dated 421991 had been issued by the Law Department for filing a writ petition. Thus, it appears that it took almost three months to obtain the order of the Law Department to file the writ petition. Thereafter also there is no satisfactory explanation for the delay between February 1991 to 17th May, 1991 when this petition was presented before the Joint Registrar of this Court.

Thus, there is no justifiable explanation for the delay. It seems to me that the authorities concerned treat such matters in a cavalier fashion and do not take prompt action in filing the writ petition. Although there is no limitation in filing a writ petition is liable to be dismissed on the ground of laches. It seems that the Law Department of the U. P. Government has not taken proper steps to inform all the Departments and all the Standing Counsels that the writ petitions should be filed promptly. As the facts of the present case show, the matter has been treated in a very negligent and leisurely manner suiting the authorities own convenience. No body seems to be bothered about the public interest. Files keep moving leisurely from one table to another, of the authorities concerned, and no one seems to be really interested in taking prompt action in filing the writ petition. This is a totally an unsatisfactory state of affairs and hence it is necessary to make these observations in this petition.

It may be mentioned that the court is not concerned with the internal arrangement of the Government regarding obtaining sanction of filing the writ petition, consultation with the D.G.C. etc. The court will not condone the delay merely because the file is moving from one table to another. Even in the supplementary rejoinder affidavit a lame excuse has been given, and I hold that the delay in filing the writ petition cannot be condoned. I deprecate the action of the authorities concerned who are involved in late filing of the writ petition and direct that the Law Secretary shall make a thorough enquiry into this matter on receipt of a certified copy of this order and propose action (against the authorities responsible for the late filing of this petition. The Law Secretary should also make arrangements that in future writ petitions are filed promptly so that the public interest does not suffer.

The writ petition is dismissed on the ground of laches. The Registrar of this Court is directed to send a certified copy of this order to the Chief Secretary as well as Law Secretary of the State of U. P.