CUTTACK: The Orissa High Court has indicted the court of Additional District Judge, Chhatrapur for admitting an appeal filed against a lower court order after an inordinate delay of over six years.
“The Additional District Judge had categorically held that there were laches on the part of the revenue authorities in filing the appeal in time. Having observed so, the Additional District Judge could not have proceeded further to condone the delay in filing the appeal, as the finding of laches on the part of the revenue authorities itself makes it clear that no sufficient cause has been shown by the government functionaries for condonation of delay,” Justice KR Mohapatra said recently.
The court of Civil Judge (Senior Division), Chhatrapur, had declared the right, title, interest and confirmation of possession of a person over a land for issuance of Record of Rights (RoR) on June 30, 2015. The order also permanently restrained state functionaries from evicting and interfering with his possession over the property at Nuagada in Ganjam district’s Hinjili tehsil.
The indictment came while considering a petition challenging Additional District Judge’s order on October 22, 2022. Legal heirs of the person in whose favour the right over the property was declared by the Civil Judge court filed the petition. The government functionaries had preferred an appeal beyond the statutory period (on or before July 30, 2015) and there was a delay of 2,336 days.
Justice Mohapatra said the approach of revenue officials to prefer an appeal was an outcome of sheer negligence and indifferent attitude to respect the verdict of a competent court of law.
“No doubt, public interest plays a vital role while considering the petition for condonation of delay, but that does not take away the responsibility of the party seeking condonation of delay to provide sufficient cause for the same,” Justice Mohapatra said while rejecting the appeal.
Justice Mohapatra further said, “It is open to the government to take appropriate action and recover the loss, if any, caused for the laches of their officers/staff, but that cannot be a ground to drag the poor litigants/petitioners to court in the garb of public interest.”