In a significant judicial decision, the Allahabad High Court has rejected an appeal by the State Government challenging a district judge’s order due to a substantial delay in its filing. The appeal, lodged three years after the initial order, was deemed untenable by the High Court.
Justice Shekhar B Sarraf presided over the case and ruled against the government’s late challenge. The original order in question was issued by the District Judge of Mirzapur, handling the case of M/s Sincere Construction. On February 24, 2021, the district court issued a unilateral order after noting the government’s repeated failures to respond or appear during the hearings.
The High Court pointed out that the district judge had provided the government, the petitioner in this case, multiple opportunities to present its side. However, the government’s lack of response and absence from the proceedings led to the unilateral decision. This was in line with established Supreme Court rules which sanction such judgments when one party fails to engage adequately in the legal process.
Justice Sarraf emphasized that the government should have contested the district judge’s order within 30 days, as per legal requirements. The three-year delay undermined the legitimacy of the appeal, leading to its dismissal.
