Hearing a Special Leave Petition (Civil)-The State of Madhya Pradesh, Sub Divisional Officer and Ceiling Officer and the Tehsildar vs. Gokulchand and Ajit Kumar which arose out of final judgment and order dated April 5, 2024 in SA No. 156/2021 passed by Justice Hridesh of High Court of Madhya Pradesh at Indore, Supreme Court's bench of Justices J. B. Pardiwala and R. Mahadevan passed an order on January 31, 2025. The order reads:"We direct the Law Secretary of the State of Madhya Pradesh to remain present before us on 14-2-2025 along with the original files containing the decision taken to challenge the impugned order passed by the High Court declining to condone the delay of 656 days. We would like to know who is that authority who took the decision that the order passed by the High Court is worth challenging before this Court. 7. List on 14-2-2025."
It observed: "We admire the courage with which the State of Madhya Pradesh has been filing Special Leave Petitions in this Court over a period of time with delay of 300/400 days....The matter of concern is as to who is taking the decision to challenge a particular order passed by the High Court before the Supreme Court. In the present case, the State preferred a Second Appeal under Section 100 of the Civil Procedure Code, 1908 before the High Court with delay of 656 days. The State was not able to assign any sufficient cause for this gross delay and, accordingly, the High Court rejected the plea to condone the delay. It is this order which has now been made a subject matter of challenge before this Court by filing the present Special Leave Petition and that too with delay of 177 days. We could have dismissed this petition solely on the ground of delay but we do not intend to do this as we have something else in our mind."
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