Gujarat High Court
Deputy Collector vs Prabhatbhai Mangalbhai Rathod on 28 April, 2025
NEUTRAL CITATION
C/CA/5337/2024 ORDER DATED: 28/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5337 of
2024
In F/FIRST APPEAL NO. 29100 of 2024
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DEPUTY COLLECTOR & ANR.
Versus
PRABHATBHAI MANGALBHAI RATHOD
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Appearance:
MR SHIVAM DIXIT AGP for the Applicant(s) No. 1,2
RULE NOT RECD BACK for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 28/04/2025
ORAL ORDER
Heard learned Assistant Government Pleader Mr.Shivam Dixit for the applicant - State. From the record, it transpires that Rule issued by this Court on 24/10/2024 has been duly served upon the respondent. The matter has been notified for hearing before this Court from time to time. However, the respondent chose not to enter his appearance and to contest this application seeking condonation of delay caused in preferring the captioned appeal. At the outset, learned Assistant Government Pleader has invited attention of this Court to the averments made in the application and has submitted that because of the procedure prescribed, the time was consumed in seeking necessary approval in approaching in appeal before this Page 1 of 4 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Wed Apr 30 2025 Downloaded on : Thu May 01 00:52:52 IST 2025 NEUTRAL CITATION C/CA/5337/2024 ORDER DATED: 28/04/2025 undefined Court. He has therefore submitted that there is no inaction or gross negligence on the part of the department in pursuing the present appeal within the prescribed period of limitation. He has therefore urged this Court to take liberal view to condone the delay.
2. Considering the aforesaid submissions and in light of the explanation of the Department, it appears that the impugned judgment and award was pronounced on 06/05/2023. The applicant had applied for certified copy of the same. In the meanwhile, office of the District Government Pleader, Anand was requested to provide the legal opinion vide communication dated 14/07/2023. On 15/07/2023, the office of the Deputy Executive Engineer, Road and Building Department, Sub-Division, Khambhat has paid necessary fees to avail the certified copy of the orders which was ultimately provided on 20/07/2023. The opinion of the District Government Pleader, Anand was obtained on 31/07/2023 which was forwarded to the Circle Office at Ahmedabad on 14/08/2023 with detailed proposal seeking approval to move an appeal. On 04/09/2023, the Circle Office, Ahmedabad had forwarded the proposal seeking Page 2 of 4 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Wed Apr 30 2025 Downloaded on : Thu May 01 00:52:52 IST 2025 NEUTRAL CITATION C/CA/5337/2024 ORDER DATED: 28/04/2025 undefined necessary approval to the concerned department. On 22/11/2023, the communication was addressed by the Department to the Circle Office, Ahmedabad for the purpose of payment for fund. On 05/01/2024, the relevant papers were forwarded to the office of the Government Pleader, High Court of Gujarat. The demand draft was also received from the concerned Department on 15/02/2024. Thus, the appeal came to be filed on 03/10/2024. No explanation a such has been submitted by the appellant- State authorities as regards the time consumed in submitting the appeal despite the Court fees being received. The demand draft towards the court fees is received in the month of February, 2024. However, considering the fact that all throughout the appellant-State have pursued the matter in approaching the appeal and looking to the inbuilt machinery of the State Government where the decision with regards to preferring the appeal has to be approved from the highest authority and in absence of any challenge being made by the respondent, as against the explanation offered, this Court is inclined to exercise the discretion in favour of the applicant. The delay of 412 days caused in preferring the captioned appeal is hereby condoned. Registry to give Page 3 of 4 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Wed Apr 30 2025 Downloaded on : Thu May 01 00:52:52 IST 2025 NEUTRAL CITATION C/CA/5337/2024 ORDER DATED: 28/04/2025 undefined Pakka Number and to notify the matter for admission hearing in due course.
(NISHA M. THAKORE,J) sompura Page 4 of 4 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Wed Apr 30 2025 Downloaded on : Thu May 01 00:52:52 IST 2025