Gujarat High Court
District Development Officer vs Bhanabhai Limjibhai Patel on 20 January, 2025
Author: A.S. Supehia
Bench: A.S. Supehia, Gita Gopi
NEUTRAL CITATION
C/LPA/1807/2024 ORDER DATED: 20/01/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1807 of 2024
In
R/SPECIAL CIVIL APPLICATION NO. 12271 of 2013
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
In
R/LETTERS PATENT APPEAL NO. 1807 of 2024
==========================================================
DISTRICT DEVELOPMENT OFFICER
Versus
BHANABHAI LIMJIBHAI PATEL & ORS.
==========================================================
Appearance:
MR RUTVIJ M BHATT(2697) for the Appellant(s) No. 1
MS NIRALI SHARDA AGP for the Respondent(s) No. 2
MR SHALIN MEHTA SENIOR ADVOCATE assisted by MS TEJAL K
SHAH(2719) for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MS. JUSTICE GITA GOPI
Date : 20/01/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. Admit. Learned AGP waives service of notice of admission on behalf of respondent No.2-State and learned advocate Ms. Tejal K.Shah waives service of notice of admission on behalf of respondent No.1. With consent, of the learned advocates appearing for the respective parties, the matter is taken up for final hearing today.
2. The present Letters Patent Appeal filed under Clause 15 of the Letters Patent, 1865 is directed against the judgment and order dated 05.04.2024 passed by the learned Single Judge in the captioned writ petition to the extent of granting interest at the rate of 6% on the amount of recovery.
Page 1 of 2 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Tue Jan 21 2025 Downloaded on : Tue Jan 21 21:53:59 IST 2025NEUTRAL CITATION C/LPA/1807/2024 ORDER DATED: 20/01/2025 undefined
3. Learned senior advocate Mr. Shalin Mehta on instruction of learned advocate Ms. Tejal K.Shah appearing for respondent No.1, has submitted that the respondent No.1 would give up the right or claim to the interest, as directed by the learned Single Judge.
4. Under the circumstances, in light of the aforesaid statement, the present Letters Patent Appeal is allowed to the extent of setting aside the judgment of the learned Single Judge directing the appellant to pay 6% interest on the amount, which was recovered from the respondent No.1 herein. The appellant shall recalculate the amount and accordingly pay the same within a period of eight weeks.
5. As a sequel, the connected Civil Application stands disposed of.
(A. S. SUPEHIA, J) (GITA GOPI,J) Pankaj /24 Page 2 of 2 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Tue Jan 21 2025 Downloaded on : Tue Jan 21 21:53:59 IST 2025