High Court Criticizes State's Failure to Adhere to Litigation Policy and Binding Precedents
In a significant ruling, the Gujarat High Court dismissed a state appeal filed by the Government of Gujarat and others, citing an inordinate delay of 837 days with no plausible justification. The court, led by Chief Justice Mrs. Sunita Agarwal and Justice D.N. Ray, emphasized the importance of adhering to the Gujarat State Litigation Policy and criticized the procedural lapses by state officials in filing intra-court appeals.
The case revolved around the dismissal of an intra-court appeal concerning the rights of an agriculturist from another state to purchase agricultural land in Gujarat. The Full Bench of the Gujarat High Court had earlier established that such transactions were permissible, a decision that the single judge followed. Despite this binding precedent, the State pursued an appeal, which the court found unjustified.
The court highlighted the amendments to the Gujarat State Litigation Policy, effective from June 29, 2024, which were designed to reduce unproductive litigation and enforce accountability among state officials. The policy mandates strict timelines for filing appeals and requires a consensus between the concerned department and the Legal Department before proceeding with litigation. The court noted that these guidelines were ignored, leading to the filing of the appeal without proper justification.
The judgment also referenced the procedural requirements for handling delayed appeals, stressing that departments must document the chronology of events leading to delays and hold accountable the officials responsible. The court criticized the casual approach of the revenue department, which failed to consult the Legal Department before deciding to file the appeal.
In its decision, the court reiterated the binding nature of its Full Bench judgment in the case of Preetisingh Mukandsingh Shikh v. State of Gujarat, which was already under challenge before the Supreme Court but had not been stayed. The court admonished the state for initiating fresh proceedings despite an existing status quo order from the Supreme Court.
The court's ruling serves as a stern warning to state officials against filing frivolous and delayed appeals, emphasizing the need for responsible litigation that does not burden the public exchequer or the judiciary. The judgment has been forwarded to the Chief Secretary of the State and other relevant authorities to ensure compliance with the court's directives in future litigation matters.
Bottom Line:
Delay in filing of intra-court appeals by the State cannot be excused without proper justification, and the Gujarat State Litigation Policy emphasizes accountability and adherence to timelines to avoid unproductive litigation.
Statutory provision(s): Civil Procedure Code, 1908 - Section 5, Gujarat State Litigation Policy - Amendment dated 29.06.2024, Bombay Tenancy and Agricultural Lands Act, 1948, Sections 63 and 84(C).
State of Gujarat v. Kishanbhai Nanalal Shah, (Gujarat)(DB) : Law Finder Doc id # 2858618
