Gujarat HC Deprecates State Govt For 276-Day Delay In Filing Appeal, Stopping Statutory Local Authorities From Implementing Writ Orders

The Gujarat High Court has deprecated the conduct of the State government for filing an appeal against a writ order with a delay of 276 days, observing that when it is added as a party to the proceedings along with the local authorities, then it cannot watch the proceedings from the fence by neither filing any affidavits nor making any submissions on its stand. The High Court said that in case the State government chooses not to contest the proceedings, then it cannot refrain the statutory local authorities from implementation of the judgment and orders of the Court by directing them to challenge such orders without involving itself in such proceedings. The bench observed that the main Department of the State Government maintains silence and allows the statutory local authorities to contest the writ petition, but at the stage of implementation and the time when the approval is sought by such bodies, an objection is raised by the State Government Department without contesting the writ petition. Ultimately, without approval from the State Department, the statutory local authorities cannot grant the benefits as directed by the Courts.The State Government Department in such cases has to clarify its stand before the concerned Court in the proceedings, in which they are arraigned as party and are represented and they cannot simply shift its burden on the statutory local authorities for contesting an issue.