STATE OF KARNATAKA versus Y. MOIDEEN KUNHI (DEAD) BY LRS.

STATE OF KARNATAKA versus Y. MOIDEEN KUNHI (DEAD) BY LRS.

Delay condoned in filing SLPs, subject to payment of exemplary costs, due to public interest and large tracts of land involved; government litigants may receive limited latitude for delay, but must face consequences and responsibility for negligence.

Parties
Appellant: State of Karnataka; Respondents: Y. Moideen Kunhi (dead) by LRs. and Ors.
Jurisdiction
India
Judgment Date
04 May 2009
Procedural Posture
Special Leave Petition (civil) Nos. 11398 11400 of 2009 / Application for Condonation of Delay and Admission of SLP
Outcome
Delay condoned subject to payment of exemplary costs; SLP adjourned for admission upon payment.
Legal Topics
Condonation of Delay, Government Litigation, Land Ceiling, Fraud, Exemplary Costs
Land Law Administrative Law Civil Procedure Condonation of Delay Government Litigation Land Ceiling Fraud Exemplary Costs

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Parties

State of Karnataka

Appellant

Y. Moideen Kunhi (dead) by LRs. and Ors.

Respondents

Procedural Posture

Special Leave Petition (civil) Nos. 11398 11400 of 2009 / Application for Condonation of Delay and Admission of SLP

Legal Issues

  1. 1 Whether delay of approximately 6500 days in filing SLP and 300 days in filing review petition should be condoned
  2. 2 conditions for condonation of delay by government litigants
  3. 3 fraud alleged against declarants and government officials in surrender of excess land

Ratio Decidendi

Delay condoned in filing SLPs, subject to payment of exemplary costs, due to public interest and large tracts of land involved; government litigants may receive limited latitude for delay, but must face consequences and responsibility for negligence.

Court Disposition

Delay condoned subject to payment of exemplary costs; SLP adjourned for admission upon payment.

Orders

  • Exemplary cost of Rs.10 lakhs to be paid by State of Karnataka to respondents within 8 weeks.
  • Receipt of payment and affidavit to be filed before Supreme Court before SLP is listed for admission.