Gujarat High Court
Amreli Municipality ,Through Chief ... vs Piyushbhai Rameshbhai Chauhan on 28 July, 2025
Author: A.S. Supehia
Bench: A.S. Supehia
NEUTRAL CITATION
C/CA/3871/2025 ORDER DATED: 28/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3871 of
2025
In
F/LETTERS PATENT APPEAL NO. 15060 of 2025
With
R/CIVIL APPLICATION NO. 3874 of 2025
In
F/LETTERS PATENT APPEAL NO. 15091 of 2025
With
R/CIVIL APPLICATION NO. 3883 of 2025
In
F/LETTERS PATENT APPEAL NO. 15041 of 2025
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AMRELI MUNICIPALITY ,THROUGH CHIEF OFFICER
Versus
PIYUSHBHAI RAMESHBHAI CHAUHAN & ORS.
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Appearance:
MR DEEPAK P SANCHELA(2696) for the Applicant(s) No. 1
MR AAKASH GUPTA AGP for the Respondent(s) No. 2,5
MR N P PANDYA(11241) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR.JUSTICE R. T. VACHHANI
Date : 28/07/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. The present applications have been filed seeking condonation of delay of 71 days in filing the captioned appeals.
2. Learned advocate Mr.Haribhai J. Patel, appearing for learned advocate Mr. Deepak P. Sanchela, for the applicant Municipality has submitted that the judgment was passed on 20.01.2025 and it was made available and received by the concerned authority via email only on 04.02.2025. He further submitted that the judgment was inwarded in the Page 1 of 3 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 22:11:17 IST 2025 NEUTRAL CITATION C/CA/3871/2025 ORDER DATED: 28/07/2025 undefined records of the municipality on 10.02.2025. It was further pointed out that due to administrative transitions, there was a delay in taking necessary steps and thereafter the regular Chief Officer was transferred on 18.01.2025 and the Prant Officer took additional charge on 19.01.2025 and remained in-charge till 22.01.2025. From 22.01.2025 to 26.01.2025, the Additional Collector (Stamp Duty) held charge and from 27.01.2025 onwards, the District Supply Officer assumed the charge. He has submitted that considering these frequent changes in administration, some delay occurred in obtaining proper instructions. He has further submitted that on 12.03.2025, the concerned authority intimated the advocate to initiate the process for filing the appeal and on 15.03.2025, the concerned advocate sent an email seeking certain clarifications, however, the in- charge Chief Officer was on leave from 17.03.2025 to 23.03.2025. leading to further delay, thereafter, the instructions were given telephonically to proceed, and accordingly, the present appeal was filed. It is urged that the delay may be condoned in the interest of justice
3. However, the aforesaid submissions are opposed by the learned advocate Mr.Pandya, appearing for the respondent No.1. He has submitted that the delay may not be condoned.
4. We have perused the reasons assigned in the civil applications.
5. Having heard the learned advocates appearing for the respective and considering the averments made in the application as also considering the fact that the delay has been occurred due to administrative process and change of concerned Chief Officer, the present applications are allowed, in the interest of justice. Delay of 71 days caused in preferring Letters Patent Appeals is hereby condoned.
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6. Registry is directed to give regular number to the captioned appeals and list the same in seriatim.
(A. S. SUPEHIA, J) (R. T. VACHHANI, J) sompura / 8-9 & 11 Page 3 of 3 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 22:11:17 IST 2025