bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1567 OF 2009 IN WRIT PETITION NO.3653 OF 2008 The Secretary to Government & Ors. ..Applicants Vs. Smt.Padmavati Bhalchandra Sachdeo & Ors. ..Respondents Mr.C.R.Sonawane, AGP for applicants. Mr.Suyog Londhe i/b. Mr.R.S.Apte for respondent Nos.1 to 3. CORAM :- V.C.DAGA & SMT.MRIDULA BHATKAR,JJ. DATE : 4TH DECEMBER,2009 (At 2.40 in Chamber) P.C. 1. Heard. Perused application. 2. The present application is taken out to recall our order dated 13th February, 2009 contending that the amount of costs could not have been levied on the State Government, since no reply on their behalf was necessary. 3. The application is liable to be dismissed on two grounds; firstly, the State Government has already complied with the order. Secondly, it was obligatory on the part of the State at least to file a pursis on record to say that, “they do not propose to file any reply or counter to the petition”. 4. Be that as it may, even the Advocate appearing on behalf of respondent was expected to make a statement that no reply was required to be filed on behalf of the State and that they were not contesting the petition. On the contrary, an adjournment was prayed by AGP for filing reply. Consequently, this Court was constrained to observe that mere grant of an adjournment would not serve the ends of justice, that is how cost was levied. 5. It is needless to mention that whenever the State is served with the notice of a petition and/or any proceeding, then the State is expected to file their reply either within stipulated time or in extended period or file a pursis on record stating therein that they do not propose to file any reply, so that pleading can be taken as complete and the matter can be processed. Silence on the part of the respondent leads to pendency of the petitions. 6. Most of the time when the matters are called out, advocates appearing on behalf of the State appear without papers and/or petition and/or record and some times even without preparation. Prayer for grant of time to file reply is made even without verifying the necessity of reply. Such type of approach leads to adjournments after adjournments. We are sure, the order imposing cost is expected to open the eyes of the State. We hope that the State Government would take some steps to put their house in order. In the result, the Civil Application stands rejected, with no order as to costs. (MRIDULA BHATKAR,J.) (V.C.DAGA,J.)