'Govt Not Ordinary Litigant Seeking To Win By Hook Or Crook': Jharkhand HC Slams State's 'Belligerent Litigation', Imposes ₹1 Lakh Cost

The Jharkhand High Court recently observed that the State is not an ordinary litigant seeking to win a case against one of its own citizens by hook or by crook. The Court directed that henceforth all litigation on the appellate or revisional side at the behest of the State must be initiated only after complying with the Jharkhand State Litigation Policy.

A Division Bench comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar was hearing a civil review petition filed by the State against an earlier order of the High Court directing the executing court to dispose of the execution proceedings expeditiously. The High Court noted that the impugned order had not even remotely touched upon the merits of the case and had merely issued directions to the executing court to conclude the proceedings expeditiously, in line with settled legal principles.

Casting strong aspersions on the State's conduct, the Court observed that the civil review petition had been filed questioning the merits of the case with the sole intention of stalling the proceedings before the executing court. Holding that such conduct could not be permitted, the Court concluded that the review petition had been filed with an oblique motive and that such petitions could not be encouraged. The Court noted:

“5. The petitioners have acted irresponsibly though they were expected to litigate within expected judicial norms. The petitioners like belligerent litigants could not resist the temptation of litigation and have fought their legal battle as if it was a war. The battle otherwise is “uneven” as on one side is a mighty State whereas on the other side is a Company.

The Court noted that the State, as defined under Article 12 of the Constitution of India, is not an ordinary litigant seeking to win a case against one of its own citizens by hook or by crook. The State's obligation is to meet honest claims, vindicate a substantial defence, and not to score technical points or overreach a weaker party to avoid a just liability or secure an unfair advantage merely because legal devices permit such conduct.

The High Court further observed that public money had been wasted due to the adamant behaviour of the officers of the State. It noted:

“18. We have no hesitation to conclude that public money is being wasted because of adamant behaviour of the Officers of the State due to the litigious attitude adopted by these Officers in pursuing avoidable litigation and trying to justify their action/inaction which is otherwise not at all justifiable…Merely because the Officers of the State Government do not have to pay for the litigation from their own pocket, they cannot be permitted to file frivolous petitions”

Emphasising the need to curb unnecessary government litigation, the Court held that it was time to restrain the State and its agencies from litigating endlessly due to a lack of responsibility on the part of its officers. It directed that henceforth, all litigation on the appellate or revisional side at the behest of the State must be initiated only after complying with the Jharkhand State Litigation Policy.

Accordingly, the civil review petition was dismissed with costs of ₹1,00,000 (Rupees One Lakh), to be deposited by the petitioners out of their own pocket within a period of four weeks with the Jharkhand State Legal Services Authority (JHALSA), Ranchi.

Cause Title: State of Jharkhand v. R.K. Construction Private Limited

Case Number: Civil Review No. 150 of 2025

Appearance: Mr. Ashutosh Anand appeared for the Petitioner. Mr. M.S. Mittal, and Mr. Salona Mittal appeared for the Respondent.

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