Court condemns state for irresponsible litigation, mandates adherence to Jharkhand State Litigation Policy, and imposes Rs. 1 lakh cost on petitioners
In a recent ruling, the Jharkhand High Court has heavily criticized the State of Jharkhand for filing a frivolous civil review petition against M/S R.K. Construction Private Limited, highlighting irresponsible litigation practices by the state. The judgment was delivered by a division bench comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar on December 16, 2025. The court found that the petition was filed with oblique motives, aiming to stall proceedings, which contradicts the expectations from the state as per Article 12 of the Constitution of India.
The court emphasized that the state should not act like an ordinary litigant, seeking to delay proceedings or harass weaker parties. The judgment pointed out that such actions waste public money and unnecessarily burden the judicial system. The bench imposed a cost of Rs. 1,00,000 on the petitioners, directing them to pay from their own pockets to the Jharkhand State Legal Services Authority (JHALSA) within four weeks.
The court reiterated the importance of adhering to the Jharkhand State Litigation Policy, which requires a certificate of compliance before initiating appeals or revisions. It warned that non-compliance could lead to the imposition of costs, as seen in this case. The judgment also referenced several Supreme Court decisions, underscoring the need for the state to act responsibly and meet honest claims without resorting to technicalities or overreaching weaker parties.
This ruling serves as a stern reminder to state agencies to avoid frivolous litigation and comply with established policies, thus conserving public resources and ensuring justice is efficiently served.
Bottom Line:
Frivolous litigation by the State or its agencies, which are bound by Article 12 of the Constitution of India, is highly discouraged. The State must not act as an ordinary litigant and should avoid filing petitions with the sole intention of delaying proceedings or harassing the opposing party.
Statutory provision(s): Article 12 of the Constitution of India, Article 141 of the Constitution of India, Jharkhand State Litigation Policy
