Gujarat High Court
State Of Gujarat vs Dhirubhai Mamaiyabhai Dangar Since ... on 21 January, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/CA/1687/2023 ORDER DATED: 21/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1687 of 2023
In
R/LETTERS PATENT APPEAL NO. 162 of 2025
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STATE OF GUJARAT
Versus
DHIRUBHAI MAMAIYABHAI DANGAR SINCE DECD. THROUGH LEGAL & ORS.
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Appearance:
MR MITESH AMIN LD. ADDITIONAL ADVOCATE GENERAL with MS HETAL
PATEL ASSISTANT GOVERNMENT PLEADER for the Applicant(s) No. 1
SERVED BY RPAD (N) for the Respondent(s) No. 1.1,1.2,1.3,2
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
AGARWAL
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 21/01/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL) Heard Mr. Mitesh Amin, learned Additional Advocate General appearing for the State - applicant.
2. The office report indicates that service of notice upon the respondent nos. 1.1 to 1.3 and respondent no. 2 is sufficient. No one has put in appearance to file any response to the delay condonation application.
3. With regard to the delay of 2,338 days in institution of the present appeal, it is explained in the affidavit dated 06.11.2023 filed by the Collector/District Magistrate, Surendranagar that in the writ Page 1 of 3 Uploaded by PHALGUNI PATEL(HC00175) on Mon Jan 27 2025 Downloaded on : Mon Jan 27 21:28:56 IST 2025 NEUTRAL CITATION C/CA/1687/2023 ORDER DATED: 21/01/2025 undefined petition filed by the original petitioner, namely Special Civil Application No. 5609 of 2004, the Collector has not been impleaded as party respondent. The order dated 13.04.2017 of disposal of the said writ petition was, thus, not within the knowledge of the Collector. For the first time, the said order came to the knowledge of the Collector with the filing of the application dated 12.08.2021 by the petitioners seeking for regularization of the land in question and compliance of the directions contained in the judgment and order dated 13.04.2017. The copy of the application dated 12.08.2021 filed by the original petitioners bringing on record the judgment and order dated 13.04.2017 before the Collector is appended as Annexure-R1 to the writ petition.
3.1. It is further explained in the said affidavit that as soon as the said fact came to the knowledge of the Collector, an application dated 18.10.2021 was sent to the office of the learned Government Pleader for obtaining certified copy of the judgment and order dated 13.07.2022 and after reminder, on obtaining the certified copy of the said order, the Letters Patent Appeal was presented on 07.10.2023. For the inordinate delay of 2,338 days in processing of the appeal, explanation has been given that the delay occasioned on account of administrative reasons. The time taken in filing of the Letters Patent Page 2 of 3 Uploaded by PHALGUNI PATEL(HC00175) on Mon Jan 27 2025 Downloaded on : Mon Jan 27 21:28:56 IST 2025 NEUTRAL CITATION C/CA/1687/2023 ORDER DATED: 21/01/2025 undefined Appeal challenging the judgment and order dated 13.04.2017 has, thus, been explained to the satisfaction of the Court.
4. The delay condonation application is hereby allowed. The delay of 2,338 days in presentation of the present Letters Patent Appeal is, thus, condoned in the absence of any response on the part of the respondents. The appeal be treated to have been filed within time.
The office is directed to allow regular number to the appeal.
(SUNITA AGARWAL, CJ ) (PRANAV TRIVEDI,J) phalguni Page 3 of 3 Uploaded by PHALGUNI PATEL(HC00175) on Mon Jan 27 2025 Downloaded on : Mon Jan 27 21:28:56 IST 2025