HYDERABAD: The Telangana High Court on Thursday pulled up the state government for repeatedly delaying the filing of counter-affidavits, warning that such “repeated” and “unjustified” procrastination undermines the judicial process.
A division bench of Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin noted that while the state is quick to file memos and instructions, it takes “an unusually long time” to submit legal responses.
The observations came during the hearing of a public interest litigation (PIL) filed by Damagundem Forest Protection Joint Action Committee (JAC), which is an organisation protesting the establishment of a Very Low Frequency (VLF) radar station for the Indian Navy in Vikarabad district, along with other cases where the state had not filed its counters.
When state counsels sought two more weeks to file their affidavit, the Bench allowed the request but cautioned that further delay would attract costs. “It is made clear that failing to file the counter-affidavits within the time granted would lead to imposition of costs,” the judges said.
The petitioners were given another week thereafter to file rejoinders.
The matter was adjourned to December 15.
The Union government also sought three weeks to file an additional counter on the tenure of the expert committee studying the project’s impact on biodiversity.
Opposing the state’s request, counsel M Venu Madhav pointed out that the government had failed to file its counter for almost a year. Taking note, the Bench said, “For instructions or memos, you are ready within a week, but that does not solve the problem.”
‘Such delays won’t recur’
Referring to repeated adjournments, the judges added, “We have been liberal with extensions. The last adjournment was on October 15. When we give a date, it is because there is some seriousness. Otherwise, the whole purpose gets defeated.”
Though state counsels apologised and assured that such delays would not recur, the Bench directed them to communicate the court’s displeasure to other government advocates seeking more time to file counter-affidavits.
In seond rebuke of the day, HC cracks whip over state of delay
Hyderabad: In the second such rebuke of the day, the Telangana High Court on Thursday set a new limit on delays caused by the state: no more than three adjournments will be allowed when the government fails to file counter-affidavits. The court’s stern stance came in response to nearly four years of inaction in cases concerning 1,652 acres of high-value Manikonda Jagir lands in Survey No. 78, Serilingampally mandal, Rangareddy district.
Justice Jukanti Anil Kumar criticised the state’s conduct as “a classic example of bureaucratic apathy and judicial delay”, noting that despite repeated opportunities, the government had not filed its responses, preventing the disposal of the long-pending petitions. Citing the Supreme Court’s ruling in Ishwarlal Mali Rathod v. Gopal, the court said adjournments must not be granted mechanically and warned that habitual delays undermine justice delivery.
Although the Supreme Court ruled in February 2022 that the entire extent of Manikonda Jagir lands belongs to the state and is free of encumbrances, several individuals later approached the HC seeking permission for land transactions. Justice Anil Kumar remarked that the government’s indifference was “unacceptable in matters of significant public importance”.
He also noted that despite multiple notices, the government neither filed counters nor clarified whether these lands appear in the prohibitory list. The court directed Advocate General A Sudarshan Reddy to appear and explain the state’s stand. When the case was first called, neither the A-G nor any state representative was present, and no information was provided.
The A-G appeared only after the matter was reserved, prompting the court to reprimand him for the delay and the government’s lack of communication. The court granted one final opportunity to file counter-affidavits and made it clear that no further adjournments would be entertained.