C/CA/1018/2021 ORDER DATED: 02/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 1018 of 2021
In F/FIRST APPEAL NO. 12492 of 2021
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LAND ACQUISITION OFFICER
Versus
BORICHA NARANBHAI JIVABHAI
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Appearance:
MR MANRAJ BAROT, AGP(1) for the Applicant(s) No. 1,2
MR NITIN M AMIN(126) for the Respondent(s) No. 1
MR SANJAY M AMIN(130) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
Date : 02/08/2021
ORAL ORDER
Heard learned Assistant Government Pleader Mr.Manraj Barot for the applicants and learned advocate Mr.Nitin Amin for the respondent.
2. This application is filed praying to condone the delay of 161 days. The delay has taken place in preferring the appeal against common judgment and award (present appeal is referable to Land Reference Case No.35 of 2017) of the Reference Court.
3. Explaining the delay it is stated in paragraph No.2 of the application that certified copy of the judgment and award dated 13.6.2019 was immediately applied on 6.7.2019, thereafter the learned Assistant Government Pleader made proposal which was received by the department on 3.12.2020. Filing of appeal was recommended. File was processed through the Revenue Department and finally Legal Department sanctioned filing of the appeal.
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4. The passage of time leading to 161 days is due to the decision making process and administrative hierarchy of the applicant- appellant, which is State authority. In that view, consumption of time is to be viewed with some leniency. It can be said that sufficient cause is made out to condone the delay of 161 days.
5. Delay is condoned. The present application is allowed. Rule is made absolute.
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