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2016 (4) TMI 47 - HC - VAT and Sales TaxCondonation of delay - Government pleading condonation on the ground of para 10 and Exhibit 'G' at page 35 to the writ petition - Held that:- if for one and a half years and more the files are lying in Government Pleader's office, then, it is not known why there was no promptness or expediency exhibited in meeting the concerned Government advocates, getting the draft prepared and duly filed. If this is how the Government revenue is sought to be protected, then, we say nothing more. A premium on utter negligence cannot be put, complete callousness and carelessness on the part of the Government officials. They cannot expect discretionary and equitable relief from the court under Article 226 of the Constitution of India when the explanation that they furnish is wholly unacceptable. It is time that Government realises that it is not a special litigant. If its officials, including the advocates appointed, are not working, it must proceed against them and take action. It cannot just request the court to condone the lapses and inefficiency or equally dishonesty and corruption. If the court of law is expected to render justice expeditiously, then, it should not be burdened with cases which have been brought belatedly and without any satisfactory and reasonable explanation for the delay. That these are Government matters and the court cannot condone the delay in movement of files, some inaction and negligence on the part of the Government officials, merely because larger public interest is at stake. Therefore, the explanation for the delay in para 10, with the assistance of Annexure 'G' does not inspire confidence. It does not demonstrate that the Government or the Department concerned was vigilant, serious and attentive and did its best to protect the public revenue. Therefore, delay cannot be condoned. - Decidde against the Government
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