Allahabad High Court news: The Allahabad High Court recently came down heavily on the Uttar Pradesh government for filing a review petition with an inordinate delay of nearly 10 years, terming the conduct of state authorities “shocking”, “reprehensible”, and an abuse of the process of law, while summoning key officials in this regard.

A bench of Justices Saral Srivastava and Sudhanshu Chauhan was, on March 18, hearing the state’s review plea seeking to revisit a 2016 high court judgment that had upheld the Meerut district judge’s order setting aside the competent authority’s decision under the Urban Land (Ceiling and Regulation) Act, 1976.

The Allahabad High Court noted that the plea was reportedly filed after a delay of 3,525 days and found the explanation offered by the state to be casual.

“This kind of conduct of officers of the State is shocking and reprehensible inasmuch as the State is supposed to act fairly and should not indulge in any unnecessary litigation. This review petition is nothing but an abuse of the process of law by the State authorities inasmuch as the sole object of the State authority appears to be to keep the matter pending in order to avoid the compliance of the order passed by this Court,” the Allahabad High Court noted in its order.

Expressing strong disapproval, the court observed that it was shocked to see the shoddy manner in which the affidavit supporting the delay condonation application had been drafted.

It noted that though the review applicant is not required to explain each day of delay, the applicant must clarify properly to demonstrate that the delay in filing the review petition was bona fide and genuine.

“We have perused the affidavit filed in support of the Delay Condonation Application seeking condonation of delay in filing the review petition, and we are shocked to see as to how casually the review-applicant has explained the delay of 3525 days in filing the present review petition,” the Allahabad High Court lamented.

The bench also flagged inconsistencies in the state’s stand, observing that the review petition appeared to have been filed on the basis of an incorrect statement that another review plea was filed earlier.

“Considering the gravity of the matter that the present review petition has been filed by the State by making incorrect or may be false statements to the extent that State had earlier filed a review petition, which is not traceable without bringing on record any material to support the allegations so made,” the Allahabad High Court said.

The bench also rejected the explanation regarding procedural delays due to the COVID-19 pandemic and typographical errors, pointing out that there was no justification for the delay in the years following 2021.

The Allahabad High Court expressed shock at how a second review petition was maintainable when the state had already filed a review petition. “We are shocked to learn that when, once the State had already preferred a review petition, which according to the review-applicant is not traceable, then as to how, a second review petition was maintainable,” the court remarked.

Taking serious note of the matter, the court summoned the principal secretary, housing and urban planning, and the principal secretary (law)/legal remembrancer (LR).

The matter will now be taken up on April 7.