NEUTRAL CITATION
C/CA/735/2023 ORDER DATED: 02/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 735 of
2023
In F/LETTERS PATENT APPEAL NO. 21459 of 2023
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CHIEF DISTRICT HEALTH OFFICER
Versus
KANABHAI HARIBHAI BAROT
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Appearance:
MR HS MUNSHAW(495) for the Applicant(s) No. 1,2
MR ND SONGARA(2198) for the Respondent(s) No. 1,3,4,5
MS JANHVI N SONGARA(13254) for the Respondent(s) No. 1,3,4,5
NOTICE SERVED for the Respondent(s) No. 2,6,7,8,9
MR. SANJAY UDHWANI FOR RESPONDENT STATE
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE CHEEKATI
MANAVENDRANATH ROY
Date : 02/11/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA) Heard learned advocate Ms. Priyal Shah for learned advocate Mr. H. S. Munshaw for the applicants, learned Assistant Government Pleader Mr. Sanjay Udhwani for the respondent State and learned advocate Mr. N. D. Songara for the private respondents.
2. The applicants, who seek to condone the delay of 328 days, are the Chief District Health officer and District Development Officer- the limb of the State.
3. The delay has taken place in preferring the Letters Patent Appeal Page 1 of 2 Downloaded on : Mon Nov 06 20:36:08 IST 2023 NEUTRAL CITATION C/CA/735/2023 ORDER DATED: 02/11/2023 undefined against judgment and order of learned single Judge. The applicant being the governmental authorities, the decision making process at their end has to undergo examination of matter at different hierarchical levels before final decision could be reached. It is in this context, it is pleaded that administrative process took time which resulted into delay.
4. As the applicants are the authorities of the State, a leeway to certain extent is not impermissible for them while viewing the delay. It could be said that sufficient cause is made out to condone the delay. Delay of 328 days is, therefore, condoned.
5. The Civil Application is disposed of.
The Letters Patent Appeal shall be listed on 6.11.2023.
(N.V.ANJARIA, J) (CHEEKATI MANAVENDRANATH ROY, J) C.M. JOSHI Page 2 of 2 Downloaded on : Mon Nov 06 20:36:08 IST 2023