Order in W.P.No.41189/2017 dated 19 March 2020
Pursuant to the order dated 05.03.2020, objections
have not been filed in the present petition.
Shri Manjunath Prasad, the Principal Secretary,
Revenue Department and Shri Vastradmutt, the Law
Secretary are present.
Law Secretary is hereby directed to take necessary
steps in issuing general circular to each and every
department, wherever representations of the persons are
pending consideration. The same shall be considered on
war-footing basis. In this regard, a special drive shall be
undertaken by each and every department. Since, this
Court has come across in number of cases including matter
relating to the year 2014 and 2015, wherein it is found that
there is inaction on the part of the concerned
department/officials either accepting concerned persons
representation or rejecting. In other words, duty is cast
on the concerned official to discharge his/her duties of the
post held by each of the official. If the grievance of the
persons is under statute, it is required to be considered
within reasonable period of three months. In other words,
Officials/Executives shall not expect judicial pronouncement
in each and every matter even for consideration of
representation/s. They owe duty in considering the
grievance of the persons which are pending before the
department/officials at the earliest, within a reasonable
period of three months. The Execution is one of the key
functions of a State. Its role is to implement the laws that
have been framed by the Legislature and the policies of a
Government with rise of welfare states the need for
organized State Functions has also risen and Execution is
one of the most crucial functions. In this regard, Law
Secretary shall take necessary steps for issuing general
circular in consultation with DPAR. Circular must contain
‘How to follow up Court cases’ i.e., from the stage of a copy
of Writ Petition/Application etc., received from the High
Court and its disposal and filing of further appeal etc, and
other forums while maintaining register to undertake review
on monthly or once in three months, while fixing
responsibility to officers to avoid delay in taking steps like;
“How to follow up Court cases.
(a) A copy of writ petition received from the High
Court of Karnataka shall be enered in the Register
maintained for that purpose.
(b) Delay should be avoided in taking appropriate
steps.
(c) If any interim direction (stay) is received without
instructions appeal shall be filed against such
interim orders.
(d) Advancement petition shall be filed through Law
Officer in fit cases. If there is scope for filing Writ
Appeal/Revision/ Review the same shall be filed
through the O/o the Law Officer.
(e) When the High Court judgment is received the
same shall be entered in the register maintained
for that purpose.
(f) If the time limit is not specified in the judgment
the modification if any shall be completed within
two weeks.
(g) If there is scope for filing Writ Appeal against the
High Court decision the proposal together with
details of remarks, assessment records, appellate
orders to the competent officer/authority within 7
days of receipt of the appellate order.
(h) The time limit prescribed for filing Writ Appeal
before the High Court is to be adhered.
(i) A monthly report as to the implementation of
judgments and filing of writ appeal in fit cases shall
be submitted to the competent authority.
(j) The time limit prescribed for filing review before
Hon’ble High Court is within 30 days and for filing
SLP before Hon’ble Supreme Court is 90 days.
(k) If direction of the court is not complied within the
time limit prescribed by the Court a noncompliance statement as to the reasons for the delay in complying the direction along with an
affidavit to be filed by assessing authority.
(I) SLP shall be filed if aggrieved by the order of
High Court where a question of law is involved.
Other important follow up actions:
(m) Preparation of statement of facts and filing affidavit
is the most important action at the time of any
litigation follow up.
(n) At State level in the Web portal under Legal section
maintain a repository of important cases/ case
laws/ model statement of facts/ detailed affidavits.
(o) Once in a month a work shop at State level to
be arranged to discuss legal issues/ cases/ case
studies on a fixed day fixed time basis”
In the light of the above observation necessary guide
line may be issued, if the above exercise is undertaken
timely by the Government, Government can save time
and money.
The aforesaid action is required for the reasons that
in number of cases, where orders were passed in favour of
the litigant. If there is delay in implementation,
Government/Department have to shell down certain
amount along with interest. In other words, such money is
being paid from the State Exchequer for which tax payer’s
money shall not be utilized.
A copy of this order shall be handed over to the l
earned State Counsel so as to reach the same to the Law
Secretary/Principal Secretary, Revenue Department, to
take further action.
For compliance report, list on 02.07.2020. In the
meanwhile, respondents to file objections in the main
petition.
Personal appearance of the Principal Secretary,
Revenue Department and the Law Secretary are dispensed
until further orders.
List for further orders on 02.07.2020.
(P.B.BAJANTHRI)
JUDGE
AV/DS
Daksha Legal 