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79. As observed in Popatrao Vyankatrao Patil (2 supra) by the Supreme Court, the State should act as a model litigant. It quoted it's decision in Urban Improvement Trust, Bikaner vs. Mohan Lal5.

80. In Urban Improvement Trust, Bikaner ( 5 supra) the Supreme Court has criticized the attitude of Government officials in deliberately delaying taking crucial decisions affecting citizens and then contesting the same on technical pleas without justification. It declared:

8. In Madras Port Trust v. Hymanshu International8 this Court held: (SCC p. 177, para 2) "2. ... It is high time that Governments and public authorities adopt the practice of not relying upon technical pleas for the purpose of defeating legitimate claims of citizens and do what is fair and just to the citizens. Of course, if a Government or a public authority takes up a technical plea, the Court has to decide it and (1974) 3 SCC 554 AIR 1972 KERALA 103 1979 (4) SCC 176 MSR,J & KL,J ::25:: wp_1135_2016 if the plea is well founded, it has to be upheld by the court, but what we feel is that such a plea should not ordinarily be taken up by a Government or a public authority, unless of course the claim is not well founded and by reason of delay in filing it, the evidence for the purpose of resisting such a claim has become unavailable."

9. In a three-Judge Bench judgment of Bhag Singh v. UT of Chandigarh9 this Court held: (SCC p. 741, para 3) "3. ... The State Government must do what is fair and just to the citizen and should not, as far as possible, except in cases where tax or revenue is received or recovered without protest or where the State Government would otherwise be irretrievably be prejudiced, take up a technical plea to defeat the legitimate and just claim of the citizen."