Gujarat High Court
State Of Gujarat vs Patabhai Jesabhai on 3 July, 2025
NEUTRAL CITATION
C/CA/1108/2024 ORDER DATED: 03/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1108 of
2024
In F/FIRST APPEAL NO. 6935 of 2024
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STATE OF GUJARAT & ORS.
Versus
PATABHAI JESABHAI & ORS.
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Appearance:
MR RAHUL DAVE, AGP for the Applicant(s) No. 1,2,3
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES
for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 03/07/2025
ORAL ORDER
1. This is an application, filed under Section 5 of the Limitation Act, seeking condonation of delay of 1020 days, caused in filing the appeal.
2. Heard learned AGP Mr. Rahul K. Dave for the appellant- State. Though served, none appeared for respondent No.1.
3. Learned AGP for the appellant-State has submitted the present application is arising out of Land Acquisition Land Reference Case No.608 of 2017 and the impugned judgment and Page 1 of 3 Uploaded by RINKU MALI(HC01574) on Thu Jul 03 2025 Downloaded on : Fri Jul 04 01:06:11 IST 2025 NEUTRAL CITATION C/CA/1108/2024 ORDER DATED: 03/07/2025 undefined decree passed in Land Acquisition Land Reference Case Nos.606 of 2017 to 610 of 2017. It is contended that lack of clerical staff under the Sub-Division of applicants during the period from 2019 to 2022, time was consumed in preparing the calculation sheets by the Deputy Collector Land Acquisition and Rehabilitation Irrigation Office. Thereafter, vide order dated 10.01.2022 passed in Miscellaneous Application No.21 of 2022 in Miscellaneous Application No.665 of 2021 in Suo Motu Writ Petition (C) No.3 of 2024, the Hon'ble Supreme Court has directed that period from 15.03.2022 to 28.02.2022 shall be excluded for the purpose of limitation due to Covid-19 Pandemic situation in all over the country, there was a national lock-down and the Court proceedings were stopped. It is submitted that the aforesaid reasons are sufficient cause for not filing the appeal within the limitation. It is further submitted that there is no intentional inaction on the part of the applicants in preferring the appeal within the period of limitation. There is no lack of evidence on the part of the applicants. The time Page 2 of 3 Uploaded by RINKU MALI(HC01574) on Thu Jul 03 2025 Downloaded on : Fri Jul 04 01:06:11 IST 2025 NEUTRAL CITATION C/CA/1108/2024 ORDER DATED: 03/07/2025 undefined consumed in filing the appeal is because of shortage of staff and nationwide lock-down all over the country.
4. Considering the averments made in the application and the submissions canvassed by learned Assistant Government Pleader for the applicant-State, it seems that sufficient cause is made out to condone the delay. Resultantly, delay is condoned.
5. Accordingly, the present Civil Application stands disposed of.
(D. M. DESAI,J) RINKU MALI Page 3 of 3 Uploaded by RINKU MALI(HC01574) on Thu Jul 03 2025 Downloaded on : Fri Jul 04 01:06:11 IST 2025