Gujarat High Court
Deputy Collector Land Acquisition And ... vs Amobibi Sidibhai (Since Deceased ... on 25 July, 2025
Author: Sangeeta K. Vishen
Bench: Sangeeta K. Vishen
NEUTRAL CITATION
C/CA/1589/2019 ORDER DATED: 25/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1589 of
2019
In F/FIRST APPEAL NO. 11264 of 2019
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DEPUTY COLLECTOR LAND ACQUISITION AND REHABILITATION
OFFICER & ORS.
Versus
AMOBIBI SIDIBHAI (SINCE DECEASED THROUGH LEGAL HEIRS) & ORS.
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Appearance:
MS FORAM TRIVEDI, AGP for the Applicant(s) No. 1,2,3
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES
for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No.
1.1,1.2,1.3.1,1.3.2,1.3.3,1.3.4,1.3.5,2
UNSERVED EXPIRED (R) for the Respondent(s) No. 1.3
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CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
and
HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 25/07/2025
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)
1. By this application, the applicant, has prayed for condoning the delay of 384 days caused in preferring the captioned appeal.
2. Ms. Foram Trivedi, learned Assistant Government Pleader, submitted that after the pronouncement of the judgment on 10.11.2017, steps were taken for filing the appeal. Certified copy was applied and was received in the month of December, 2017. Thereafter, the file was moved in the department seeking opinion and after completing the formality of opinion, the papers were forwarded to the office of the Page 1 of 3 Uploaded by MR.HARSHIT SANCHETI (HCD0070) on Tue Jul 29 2025 Downloaded on : Wed Jul 30 00:30:00 IST 2025 NEUTRAL CITATION C/CA/1589/2019 ORDER DATED: 25/07/2025 undefined Government Pleader, followed by instructions. It is thereafter, that the appeal was preferred and filed. In the process, there occurred a delay in preferring the captioned appeal. It is submitted that the captioned appeal is arising out of Land Acquisition Reference Case No.448/2017, whereas the First Appeal arising out of Land Acquisition Reference Case No.450/2017, this Court, has been kind enough to condone the delay vide order dated 10.07.2019. It is therefore urged that the delay be condoned it being a bonafide.
3. Though served, the respondents have chosen not to enter appearance.
4. Captioned appeal, is against the impugned judgment dated 10.11.2017 passed by the learned Principal Senior Civil Judge, Lunawada, in connection with the Land Acquisition Reference Case No.448/2017, in connected Land Acquisition Reference Case No.450/2017. The First Appeal is already filed and vide order dated 10.07.2019, the Division Bench of this Court, has condoned the delay by passing the following order:-
"Heard Mr. Chhaya, learned AGP for the applicant and Mr. Raval, learned advocate for the opponent.
Having regard to the details mentioned in the application and submission by learned advocate for the applicant and also considering the fact that any affidavit opposing the application or disputing the details mentioned by the applicant is not filed, application is allowed. Delay caused in filing Appeal is condoned. Rule made absolute to the aforesaid extent."
5. In view of the above and considering the submissions, this Court, is of the considered opinion that the delay is sufficiently explained and deserves to be condoned and is hereby condoned. Civil Application Page 2 of 3 Uploaded by MR.HARSHIT SANCHETI (HCD0070) on Tue Jul 29 2025 Downloaded on : Wed Jul 30 00:30:00 IST 2025 NEUTRAL CITATION C/CA/1589/2019 ORDER DATED: 25/07/2025 undefined succeeds and is accordingly allowed. Rule is made absolute. No order as to costs.
(SANGEETA K. VISHEN,J) (MOOL CHAND TYAGI, J) HARSHIT Page 3 of 3 Uploaded by MR.HARSHIT SANCHETI (HCD0070) on Tue Jul 29 2025 Downloaded on : Wed Jul 30 00:30:00 IST 2025