1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION 417 OF 2009 IN WRIT PETITION NO. 5731 OF 2003 Balasaheb Abaji Khopade .. Petitioner Versus State of Maharashtra and others .. Respondents Mr. A.v. Anturkar for the petitioner Mr. Vinay Sonpal, AGP for Respondents 1 and 2 Mr. Vilas Tapkir h/f Dr. Subhashchandra Bhosale for respondent no.5 CORAM: J. N. PATEL, & MRS. MRIDULA BHATKAR, JJ. DATED: 16, April, 2009 P. C. . Heard. 2. This application has been filed by the State of Maharashtra for recall of the order dated 11.2.2009. It appears that when the matter was listed before the Court, there was no assistance from the Government pleader. On the other hand when the matter was called out, the State sought adjournment and, therefore, the Court was required to impose cost of Rs.10000/- for failure on the part of the State to assist the Court in disposing of the matter. 3. Now this application has been filed by the Principal 2 Secretary, Law and Judiciary, Government of Maharashtra, Mantrlaya, Mumbai expressing his apology and an assurance that care will be taken to see that such things are not repeated in future. 4. We may recall that this has now become common feature, particularly in the matters wherein the State of Maharashtra is one of the parties. The law officers appearing for the State are unable to assist the Court for numerous reasons, and primarily the fault lies with the State of Maharashtra in not assisting by giving instructions to the learned AGPs to enable them to file affidavit in reply and assist the Court and the matters are required to be adjourned from time to time, causing undue harassment and inconvenience to the litigants as well as wasting the precious judicial time of Court. The assurance given by the the Principal Law Secretary is merely a formality and in our view, considering such lapse on the part of the State, mere assurance of such nature is meaningless. Apology is not the solution for not diligently prosecuting the matter on behalf of the state. It is expected that state should take disciplinary action against their officials who fail to instruct the learned AGPs and law officers appearing in this Court and assist them so that they can assist the Court in disposing of the litigations pending in which the State is either the petitioner or one of the party respondent. 5. It is high time, the State should take the matter seriously, otherwise the Court will have to deal with the matters in more serious manner rather than sparing the State by imposing 3 costs for such dereliction in duty and negligence in performing their duty, primarily towards citizen and the Court. The State should take efficient and meaningful steps in litigations pending in the Court, as the State is one of the major litigant and failure on the part of State and its officials to attend the litigations diligently leads to delay in disposing of the matters. Therefore, we are not inclined to recall our order as sought for. The application is dismissed with costs. Copy of the order be forwarded with complements to Chief Secretary as well as Principal Secretary, law and Judiciary. Sum of Rs.10000/- be deposited within a weeks' time. It will be open for the State to recover the said amount from the officials who were responsible for the lapses. ( MRIDULA BHATKAR, J.) (J. N. PATEL, J.) jpc/-