RABI NARAYAN JENA, OP
Bhubaneswar: Delays in handling court cases have become a major concern for the Works department, prompting it to seek the Law department’s assistance to improve litigation management.
Although every department of the state government has a dedicated legal cell to manage litigation, cases are often not handled in time by the officials concerned, adding to the government’s legal burden.
In this backdrop, Works Department Additional Secretary Renuprva Nayak has written to the Special Secretary of the Law Department, requesting a workshop in coordination with the Advocate General to address the problems.
In her letter, Nayak said delays in receiving acknowledgements and responses from the AG’s office are creating complications in court cases and preventing the government from taking timely action in important matters.
Despite the need to file appeals promptly to protect the state’s interests, delays have occurred in writ appeals, LAA and RSA.
These delays have resulted in adverse court orders against the government and forced senior officials to appear in person before courts.
The exchange of files between different sections of the AG office is also taking considerable time because of administrative and logistical difficulties, the letter said.
Frequent changes of lawyers in individual cases further complicate matters, as new counsel have to familiarise themselves with the case history and relevant documents, weakening the government’s position.
Nayak also flagged delays in listing cases for hearings even after interlocutory applications (IAs) have been filed.
As a result, interim stays remain in force for prolonged periods, adversely affecting the government’s interests.
Procedural difficulties relating to civil deposits in land acquisition cases, particularly those involving land and forest departments, have also emerged as a concern.
Unless these issues are resolved promptly, the government’s liabilities could increase, she warned.
A senior government official said that then Chief Secretary Suresh Chandra Mahapatra had written to heads of all departments in February 2021, urging them to take steps to reduce the burden of litigation.
He had also called for expediting the Litigation Management System (LMS).
However, the state government was facing around 9,351 court cases as of December 2022.
The number has increased since then, but the cases are not being managed effectively, the official said.