Uttarakhand High Court
SPA/222/2018 on 5 March, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN
AND
THE HON'BLE SRI JUSTICE N.S. DHANIK
REVIEW APPLICATION NO. 6705 OF 2021
DELAY CONDONATION APPLICATION IN REVIEW NO. 6707 of 2021
IN
SPECIAL APPEAL NO. 222 OF 2018
05TH MARCH, 2021
BETWEEN:
State of Uttarakhand & others .....Appellants.
And
Rajendra Singh Panwar & another ....Respondents.
Counsel for the appellants : Mr. Anil K. Bisht, learned
Additional Chief Standing
Counsel.
Counsel for the respondents : Mr. Yogesh Pacholia,
learned counsel for
respondent no.1.
The Court made the following:
ORDER: (per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan)
The State has filed this Review Application (MCC
No.6705 of 2021). Since the application is delayed by 146
days, the State has also filed an application under Section 5
of the Limitation Act.
2. The reason stated by the State with regard to the
delay is that, with regard to the order dated 29.07.2020, the
State sought permission from the Law Department for filing
the review application. By order dated 30.09.2020, the Law
Department granted permission for filing the review
application. Having receipt the sanction from the Law
Department, vide letter dated 06.10.2020, the Director,
Animal Husbandry Department, was directed to prepare the
review application. Subsequently, the Director, Animal
Husbandry Department, sent a letter dated 14.10.2020 to the
learned counsel for preparing the review application and the
concerned Advocate contacted the superior authorities and
had the file allotted to him. On 22.09.2020, he wrote back to
the State Law Officer for mentioning the ground for review.
The grounds for review were communicated to him by letter
dated 28.09.2020.
3. Since the order dated 29.07.2020 was directly
based on the judgment of this Court, pronounced in Special
Appeal No.53 of 2020, the State Government had filed the
review application in the said case, namely, Review
Application No.565 of 2020. However, by order dated
06.11.2020, the said Review Application was dismissed. Thus,
according to the review applicant, the Government had taken
a decision not to file any review application in any other
matters where the judgment was based on the decision of a
learned Coordinate Bench in Special Appeal No.53 of 2020.
4. However, subsequently, the Government has
changed its mind, and has filed the present review
application. Thus, according to the learned counsel for the
review applicant, sufficient cause has been shown for
condoning the delay.
5. On the other hand, Mr. Yogesh Pacholia, learned
counsel for respondent no.1, submits that bureaucratic delays
have never been the basis for condoning the delay. Moreover,
even on merit, the appellant-review applicant does not have a
good case. For the order dated 29.07.2020 is squarely based
on the decision of a learned Coordinate Bench in Special
Appeal No.53 of 2020. This was a concession made by the
learned counsel for the Government itself. Therefore, there is
no error apparent on the face of the record. Hence, the
Government cannot be permitted to resile from its
commitment and concession that it had made before the
learned Coordinate Bench. Thus, according to the learned
counsel for respondent no.1, there is neither sufficient cause
for condoning the delay, nor any cause for allowing the
review application on merit.
6. In catena of cases, the Hon'ble Supreme Court has
clearly opined that the State is like any other litigant. If the
State is slack in taking recourses to the legal remedies which
are available to it, only because of bureaucratic red tapism,
delays cannot be condoned. Therefore, the State has failed to
show sufficient cause for condonation of delay.
7. A bare perusal of the order dated 29.07.2020
clearly reveals that a concession was made by the learned
counsel for the State, that the controversy in the intra court
appeal is squarely covered by the decision of this Court dated
24.06.2020, passed in Special Appeal No.53 of 2020. Once
this concession is made before and recorded by the Court,
naturally there is no error apparent on the face of the record.
Most importantly, admittedly, even the review application
filed against the order dated 24.06.2020 in Special Appeal
No.53 of 2020, was dismissed by order dated 06.11.2020.
Therefore, the judgment dated 24.06.2020 has attained
finality.
8. Hence, even on merit, the present review
application has not legs to stand upon. Therefore, this review
application is dismissed both on the ground of delay and
merit. No order as to costs.
(RAGHVENDRA SINGH CHAUHAN, C.J.)
(N.S. DHANIK, J.)
Dated: 05th March, 2021
NISHANT
