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TMI Blog2025 (3) TMI 1479X X X X Extracts X X X X X X X X Extracts X X X X ..... t No.17-A/2013 (hereinafter referred to as the 'suit') before the learned Second Additional District Judge, Class-1, Ashoknagar, Madhya Pradesh (hereinafter referred to as the 'Trial Court') for declaration of title, possession and permanent injunction in respect of Land Survey No.8/1 having an area of 1.060 hectare (hereinafter referred to as the 'suit property') situated in Village Mohrirai, Tehsil and District Ashoknagar, contending that an order dated 30.08.1977 was passed in his favour, wherein he was allotted the suit property. Thereafter, by mistake, in place of the appellant's name i.e., Inder Singh, Ishwar Singh's name was wrongly recorded in the revenue records. Such mistake was rectified on an application filed by the appellant before the Additional Collector, Gwalior by order dated 24.08.1978. Pursuant thereto, the appellant obtained a loan from a bank for digging a well in the suit property. It is further averred in the suit that the respondent had declared the land in question to be 'Government Land', without any prior notice to the appellant. 4. The respondent-State countered the pleadings of the appellant before the Trial Court. The State contended that the entire ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of India, (2023) 10 SCC 531, where it has been observed that Courts must take a liberal approach regarding delays in appeals filed by the State, the learned counsel for the appellant drew the Court's attention to Paragraphs no.17 and 22 of State of Uttar Pradesh v Satish Chand Shivhare And Brothers, 2022 SCC OnLine SC 2151, wherein it was held: '17. The explanation as given in the affidavit in support of the application for condonation of delay filed by the Petitioners in the High Court does not make out sufficient cause for condonation of the inordinate delay of 337 days in filing the appeal under Section 37 of the Arbitration and Conciliation Act. The law of limitation binds everybody including the Government. The usual explanation of red tapism, pushing of files and the rigmarole of procedures cannot be accepted as sufficient cause. The Government Departments are under an obligation to exercise due diligence to ensure that their right to initiate legal proceedings is not extinguished by operation of the law of limitation. A different yardstick for condonation of delay cannot be laid down because the government is involved. xxx 22. When consideration of an appeal on me ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd valuable government land, this Court should sustain the Impugned Order as it would entail substantial justice being done to both parties by leading to the eventual disposal of the matter on merits. Reliance was placed on the case of State of Bihar v Kameshwar Prasad Singh, (2000) 9 SCC 94. 11. It was further submitted by the learned counsel for the respondent that the interpretation of the words 'sufficient cause' should be such that it is construed liberally. By referring to the decision in State of West Bengal v Administrator, Howrah Municipality, (1972) 1 SCC 366, the respondent contended that a liberal interpretation should specially be taken in the present case as the State has not been negligent in pursuing the remedies available to it under law. Moreoever, the submission was that COVID-19 not being an extraneous circumstance, the State should not be punished for the delay in filing the Second Appeal. 12. With regard to the facts of the case, the respondent points out that the Trial Court had initially dismissed the suit, inter alia, on the grounds that he did not place any documentary evidence reflecting his title and there were also instances of fraud played by the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nths delay in filing a Review Petition (which was itself dismissed on the ground of delay by the First Appellate Court) and of about a year thereafter for filing the Second Appeal before the High Court, in the peculiar facts and circumstances of the case, which, at the cost of repetition relate to land claimed by the State as government land and in its possession, persuade us to not interfere with the Impugned Order. Relevantly, initially the suit was dismissed by the Trial Court, which decision was reversed by the First Appellate Court. 16. The Court in Ramchandra Shankar Deodhar v State of Maharashtra, (1974) 1 SCC 317 held: '10. ...There was a delay of more than ten or twelve years in filing the petition since the accrual of the cause of complaint, and this delay, contended the respondents, was sufficient to disentitle the petitioners to any relief in a petition under Article 32 of the Constitution. We do not think this contention should prevail with us. In the first place, it must be remembered that the rule which says that the Court may not inquire into belated and stale claims is not a rule of law, but a rule of practice based on sound and proper exercise of discretion, an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CC OnLine Bom para 22) "22. ... The real test for sound exercise of discretion by the High Court in this regard is not the physical running of time as such, but the test is whether by reason of delay there is such negligence on the part of the petitioner, so as to infer that he has given up his claim or whether before the petitioner has moved the writ court, the rights of the third parties have come into being which should not be allowed to be disturbed unless there is reasonable explanation for the delay." (emphasis supplied) 39. The Bombay High Court's eloquent statement of the correct position in law in N.L. Abhyankar case [N.L. Abhyankar v. Union of India, 1994 SCC OnLine Bom 574: (1995) 1 Mah LJ 503] found approval in Municipal Council, Ahmednagar v. Shah Hyder Beig [Municipal Council, Ahmednagar v. Shah Hyder Beig, (2000) 2 SCC 48] and Mool Chandra v. Union of India [Mool Chandra v. Union of India, (2025) 1 SCC 625: 2024 SCC OnLine SC 1878]. 40. In the wake of the authorities abovementioned, taking a liberal approach subserving the cause of justice, we condone the delay and allow IA No. 16203 of 2019, subject to payment of costs of Rs 20,000 (Rupees twenty thous ..... X X X X Extracts X X X X X X X X Extracts X X X X
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