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Supreme Court - Daily Orders

Commissioner Hisar Division Hisar vs Zile Singh on 13 November, 2019

Bench: Sanjay Kishan Kaul, K.M. Joseph

                                                        1

     ITEM NO.14                              COURT NO.11                  SECTION IV-B

                                  S U P R E M E C O U R T O F        I N D I A
                                          RECORD OF PROCEEDINGS

     SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 38197/2019

     (Arising out of impugned final judgment and order dated 24-09-2018
     in LPA No. 1377/2017 passed by the High Court Of Punjab & Haryana
     At Chandigarh)

     COMMISSIONER HISAR DIVISION HISAR & ORS.                             Petitioner(s)

                                                      VERSUS

     ZILE SINGH                                                           Respondent(s)

     (IA   No.168043/2019-CONDONATION  OF   DELAY   IN  FILING   and   IA
     No.168047/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT )

     Date : 13-11-2019 This petition was called on for hearing today.

     CORAM :
                            HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
                            HON'BLE MR. JUSTICE K.M. JOSEPH

     For Petitioner(s)                Mr.   Shekhar Raj Sharma, Adv.
                                      Ms.   Ritu Rastogi, Adv.
                                      Ms.   Sasmita Tripathy, Adv.
                                      Ms.   Gitanjali Tripathy, Adv.
                                      Mr.   Sanjay Kumar Visen, AOR

     For Respondent(s)

                             UPON hearing the counsel the Court made the following
                                                O R D E R

The issue whether there was deficiency in stamp duty of a registered document amounting to Rs.2 lakh 10 thousand and consequently additional penalty of Rs.5 thousand had to be paid was made subject matter of the writ petition which was allowed on 30.03.2016 by the learned single Judge. It took the petitioner 408 Signature Not Verified days delay to prefer the Letters Patent Appeal before the Division Digitally signed by ANITA MALHOTRA Date: 2019.11.15 10:49:49 IST Reason: Bench which was naturally dismissed on grounds of delay. It has taken the petitioner another 303 days delay to approach this Court. 2 We consider it fit to pen down the aforesaid facts as it shows the gross callousness in pursuing litigation. These are what may be called “certificate appeals” to somehow get dismissal from Supreme Court and then implement the order saying that the Court has not interfered with the same. We strongly condemn such endeavour. We feel it is a fit case for imposition of costs. We, however, desist from doing so only because the counsel for the petitioner(s) made a valiant attempt to persuade us. The Special Leave Petition is dismissed as barred by time. Pending application stands disposed of.

A copy of this order be sent to the Chief Secretary, State of Haryana.

(ASHA SUNDRIYAL)                                            (ANITA RANI AHUJA)
  COURT MASTER                                               COURT MASTER