'Rigour Of Law Applies To All': Delhi High Court Rejects Centre's Bid To Revive Writ Dismissed Thrice For Non-Prosecution

The Delhi High Court has refused to restore a writ petition filed by the Union of India, holding that government departments are not entitled to any preferential or lenient treatment in matters of delay and procedural defaults.Justice Renu Bhatnagar also dismissed the Centre's application seeking condonation of a 395-days delay and restoration of a writ petition that had been dismissed for non-prosecution on three separate occasions. The Court observed that the “rigour of the law applies equally to all litigants,” including the State and its instrumentalities.The writ petition, filed in 2005, challenged an ex parte industrial tribunal award granting reinstatement with full back wages to a workman. The petition was first dismissed in default in 2010 and later restored twice— once in 2011 and again in 2014, each time subject to payment of costs. However, due to repeated non-appearance by the Central agency, it was again dismissed for non-prosecution in May 2024.Rejecting the Centre's plea that the delay occurred due to discontinuation of its earlier counsel and lack of communication, the Court held that such explanations were vague and insufficient. “The entire blame is tried to be put upon the erstwhile counsel without stating anything about the conduct and efforts made by the petitioner-department during the period when the limitation started to begin till the time the application for restoration was filed. The petitioner should have been more vigilant at least after October 2014 when its petition was restored after second dismissal in default,” the Court observed.Reliance was placed on Shivamma (dead) by LRs v. Karnataka Housing Board & Others (2025) where the Supreme Court held that constitutional courts must not become “surrogates for State laxity” and that limitation laws are meant to bring finality to litigation. As such, the Court dismissed both the delay condonation and restoration applications.Appearance: Mr. Puneet Dhawan, SPC for UOI with Mr. Meet Nathani, Exe. Engineer, Ghaziabad, Division 1, CPWDCase title: UoI v. Brijendra Kumar Sharma & AnrCitation: 2026 LiveLaw (Del) 246Case no.: W.P.(C) 23584/2005Click here to read order

'Rigour Of Law Applies To All': Delhi High Court Rejects Centre's Bid To Revive Writ Dismissed Thrice For Non-Prosecution

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