MP High Court Slams State Over 'Lethargic' Approach In Filing Appeals, Refuses To Condone 400-Days Delay

The Madhya Pradesh High Court dismissed an appeal filed by the State after refusing to condone a delay of over 400 days, observing that the State was not serious towards the lethargic and hostile attitude of their own officers.

The court observed that, despite repeated orders from the court, the department heads had failed to take any action against the erring officers.

The division bench of Justice GS Ahluwalia and Justice Pushpendra Yadav observed;

"In the present application for condonation of delay also, there is no whisper on the part of the State which may suggest that they are serious about towards the lethargic and hostile attitude of their own officers. Thus, it is clear that the State authorities are not ready to mend their ways, and the senior officers are encouraging the O.I.Cs. to show lethargic attitude by not taking any action against them. Under these circumstances, this Court is of considered opinion that since the State cannot be treated as a special or privileged litigant, accordingly, no case is made out for condonation of delay of more than 400 days".

The court was hearing an interlocutory application filed by the State under Section 5 of the Limitation Act, which provides for extension of the prescribed period in certain cases.

The State had challenged the order of April 3, 2024, which was uploaded on the website of the High Court on May 16, 2024, which directed the State to file a letter for tendering a legal opinion through the Additional Advocate General's office on October 24, 2024. The legal opinion was submitted on January 15, 2025.

The State contended that the delay in tendering the legal opinion occurred as the OIC had not responded to certain queries that were raised by the Government Advocate before giving his legal opinion. Thereafter, the matter was forwarded to the sanctioning authority, and permission for sanction was granted on May 22, 2025. The writ appeal was therefore filed on August 25, 2025.

Thus, the State asserted that there was sufficient cause for not filing this appeal within the period of limitation and therefore, the application seeking condonation of delay should be granted.

The bench relied on the case of State of Madhya Pradesh v Ramkumar Choudhary, wherein it was held that the State Government must take action against their erring officers and must punish the responsible officers for not filing an appeal within the period of limitation.

Further, the court cited the case of Shivamma (Dead) by LRs v Karnataka Housing Board, the court noted that if the averments in the application are to be considered, then it clearly depicts the lethargic attitude on the part of State authorities.

"This Court is repeatedly passing orders thereby asking the heads of departments to show as to what action they have taken against erring officers, and in some cases, even false replies were filed by senior officers that action is being proposed against the erring officers, and later on, it was found that no action was taken at all", the bench highlighted.

The bench, in the present case, noted that the State showed no seriousness towards the 'lethargic and hostile attitude' of their officers. It opined that the State authorities were not ready to mend their ways and that the senior officers encouraged the IOCs to show lethargic attitude by not taking any action against them.

The court rejected the application and dismissed the appeal.

Case Title: State of Madhya Pradesh v Hridyesh Dubey [WA-2510-2025]

For State: Additional Advocate General Ankur Mody

For Respondent: Senior Advocate Mahendra Pratap Singh Raghuwanshi with Advocate Manish Gurjar

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