Institute of Legal and Management Studies

The Supreme Court today(September 12) warned High Courts not to condone inordinate delays by State agencies on grounds of administrative lethargy and laxity.

A bench comprising Justice JB Pardiwala and R Mahadevan made the observation, while setting aside the order of the Karnataka High Court relating to a property dispute.

"Before we proceed to close this judgment, we deem it appropriate to make it abundantly clear that administrative lethargy and laxity can never stand as a sufficient ground for the condonation of delay. And we want to convey an emphatic message to all the High Courts that delays should not be condoned on frivolous, superficial grounds until a proper case of sufficient case is made out wherein the State machinery is able to establish that it acted with bona fide and remained vigilant all through out. Procedure is a handmaiden to justice, as famously said but courts, and more particularly the Constitutional Courts are ought not to obviate the procedure for litigating State agency, who also equally suffers the bar of limitation from pursuing litigation due to their own lackadaisical attitude.

The High Courts ought not to give a legitimising effect to such a callous attitude of State authorities or their instrumentalities and should remain extra-cautious. If the parties seeking condonation of delay is a State, they should not become a cause for State laxity and lethargy. The Constitutional Court ought to be cognisant of the apathy and pains of a private litigant. Litigants can't be placed in a situation of perpetual litigation wherein the fruits of that decree all favourable orders frustrated at later stages. We are at pains to reiterate and put all the High Courts on notice not to reopen matters wherein in inordinate delay until sufficient cause exists as doing do, the Courts only add itself to the injury more particularly in appeal under Section 100 CPC wherein its jurisdiction is already limited to questions of law."

The Court imposed a cost of Rs. 25,000 in addition to the 25,000 imposed by the High Court to be paid to the Karnataka State Service Legal Authority.

The matter pertained to the High Court condoning the delay in a second appeal filed by the Karnataka Housing Board.

Judgment to be uploaded.

Case Details: SHIVAMMA (DEAD) BY LRS. Vs KARNATAKA HOUSING BOARD|SLP(C) No. 10704/2019 Diary No. 19303 / 2017