Gujarat High Court
State Of Gujarat vs Surekhaben Kantilal Patel on 9 June, 2025
Author: A.S. Supehia
Bench: A.S. Supehia
NEUTRAL CITATION
C/CA/2805/2025 ORDER DATED: 09/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO.
2805 of 2025
In F/LETTERS PATENT APPEAL NO. 14437 of 2025
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STATE OF GUJARAT & ORS.
Versus
SUREKHABEN KANTILAL PATEL & ORS.
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Appearance:
MS SHRUTI R. DHRUVE, AGP for the Applicant(s) No. 1,2,3
MR TEJAS D SHUKLA(5312) for the Respondent(s) No. 1,2,3,4,5
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR.JUSTICE R. T. VACHHANI
Date : 09/06/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. The present application is filed seeking condonation of delay of 194 days in filing the captioned appeal.
2. The following averments are made explaining the delay of 194 days in filing the captioned appeal.
"3. It is stated that pursuant to the passing of the impugned judgment and order dated 11.09.2024 and came to be uploaded on official website of the Hon'ble High Court on 03.10.2024. Vide communication dated 10.10.2024, the respondent No.1-4 have communicated the order passed in captioned SCA which has been inwarded by the office of appellant on 17.10.2024. The office of appellant vide communication dated 17.10.2024 had sought for a legal opinion of the Assistant Government Pleader the same was received at the office of Government pleaders on 21.10.2024 and such communication was further assigned for opinion on 22.10.2024 and on 26.10.2024 opinion was received which was addressed to the appellant vide communication dated 29.10.2024 and received at the office of appellant on 04.11.2024.
4. In pursuance to impugned order upon verification of the service records of the respondent No. 1 to 4 commencing from Page 1 of 3 Uploaded by MAHESH OMPRAKASH BHATI(HC01086) on Tue Jun 10 2025 Downloaded on : Tue Jun 10 22:05:04 IST 2025 NEUTRAL CITATION C/CA/2805/2025 ORDER DATED: 09/06/2025 undefined respective dates of appointment till date of passing of the order, it was found that the respondents had not been enlisted in the approval list at any point of time in pursuance to GR dated 24.10.2017 nor any application for approval of staff profile has been received from the respondent No.1 to 5. It is submitted that therefore vide communication dated 04.11.2024 the proposal was acceded requesting for approval from the Commissioner of Schools. On 12.11.2024 vide communication No. COS/0009/11/2024 necessary missing details were called for from the appellant by the office of Commissioner of Schools which were duly provided vide communication dated 13.11.2024 issued by the appellant. Against which vide letter dated 29.11.2024 COS/10+2/uma-2/2024/6344 further details were called for from the appellant for substantiating the stance of appellant in challenging LPA. Vide communication dated 29.11.2024, the response was given by the appellant to the letter dated 29.11.2024. After inter-se internal discussions and exchange of documentations between appellant and Commissioner of Schools, the approval was received from Legal Department on 20.02.2025, received at office of Government Pleaders on 27.02.2025. Vide communication dated 01.03.2025 the office of Government Pleaders called for records to substantiate the LPA to be drafted. On 11.03.2025, the documents were duly provided by the office of the appellant along with approval of Commissioner of Schools dated 07.03.2025 which were duly received at the office of the Government Law Officers on 12.03.2025. It is submitted that after necessary administrative formalities and examination of complete set of records provided as per State Litigation Policy, vide communication dated 18.03.2025 the compilation of documents were assigned to the concerned law officer for drafting of the LPA which were handed over to the Assistant Government Pleader on 05.04.2025 and subsequently the draft was prepared on 22.04.2025. After receiving necessary approvals the draft came to be affirmed on the date undersigned."
3. Learned advocate Mr.Shukla, appearing for the respondents, vehemently opposing the present application, has submitted that there is a huge delay and the same may not be condoned.
Page 2 of 3 Uploaded by MAHESH OMPRAKASH BHATI(HC01086) on Tue Jun 10 2025 Downloaded on : Tue Jun 10 22:05:04 IST 2025NEUTRAL CITATION C/CA/2805/2025 ORDER DATED: 09/06/2025 undefined
4. Having heard the learned advocates appearing for the respective parties and considering the averments made hereinabove and also considering the fact that the delay is sufficiently explained, present application is allowed. The delay of 194 days is condoned.
5. Registry to give pakka number to the captioned appeal and list the same in seriatim.
Sd/-
(A. S. SUPEHIA, J) Sd/-
(R. T. VACHHANI, J) MAHESH/08 Page 3 of 3 Uploaded by MAHESH OMPRAKASH BHATI(HC01086) on Tue Jun 10 2025 Downloaded on : Tue Jun 10 22:05:04 IST 2025