Allahabad HC Criticizes Casual Filing Of Affidavits By State Authorities & Counsels

The Allahabad High Court recently expressed dissatisfaction over the casual and careless approach adopted by State authorities and their counsel when submitting affidavits before the Court.

The Single-Judge Bench of Justice Piyush Agrawal passed the order while hearing a case challenging stamp duty assessments on land. 

The Court noted that despite repeated instructions to rectify mistakes in the filing process, the State continued to exhibit a lack of diligence. "The approach of the State Authorities as well as Counsels who represent the State, are very casual. The Court has granted indulgence at various occasions for rectifying the mistakes or shortcomings in filing the affidavits, but in vain," the Court remarked.

The issue arose after the District Magistrate of Bhadohi submitted a personal affidavit in response to an order directing him to explain why the State had repeatedly failed to file a counter affidavit in the case.

The Court had earlier granted several adjournments and extended deadlines to the State, most recently giving it until August 30 to file the counter affidavit. However, when the State failed to comply, the District Magistrate was ordered to file a personal affidavit explaining the delay.

In his affidavit, the District Magistrate claimed that he had not intended to flout court orders but had never received communication regarding the directives. The Court, however, found multiple errors in the affidavit, including a reference to the High Court in place of the District Magistrate and an erroneous mention of the "Commissioner of Police" as the affidavit's filer.

The Court, frustrated by these mistakes, commented that the affidavits were being submitted in a "very casual and lethargic manner, even without proper drafting/reading before signing."

"It appears that the affidavits have been filed before this Court in a very casual and lethargic manner, even without proper drafting / reading before signing," the Bench said. 

To ensure corrective action, the Court ordered that the present matter be communicated to the Advocate General and Principal Secretary (Law) for further review. "Let the present matter be also placed before the Advocate General of State of UP as well as Principal Secretary (Law) & L.R. to look into the matter," the Court directed.

The Bench further directed, "It has been informed at Bar that the matter relating to empanelment of lawyers to represent the State before the High Court, is pending consideration before the Lucknow Bench of this Court. The Registrar General is directed to place a copy of this order as well as the order dated 13.9.2024 passed in Writ C No. 19202 of 2024 (Vijay Singh Vs. State of UP) before the Bench concerned, hearing the aforesaid matter."

The case has been scheduled for further hearing on November 4.

Cause Title: Smt. Indrawati Devi And 2 Others v. State of UP & 4 Others 

Appearance:-

Petitioner: Advocates Rajeev Kumar Singh, Ravikar Pandey

Click here to read/download the Order