Gujarat High Court
Custodian Of Evacuee Properties vs Amjadali Gazanfarali Bukhari on 18 June, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/LPA/1335/2017 ORDER DATED: 18/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1335 of 2017
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2017
In R/LETTERS PATENT APPEAL NO. 1335 of 2017
With
CIVIL APPLICATION (FOR JOINING PARTY) NO. 3 of 2017
In R/LETTERS PATENT APPEAL NO. 1335 of 2017
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CUSTODIAN OF EVACUEE PROPERTIES
Versus
AMJADALI GAZANFARALI BUKHARI & ANR.
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Appearance:
MR SANJAY UDHWANI, ASSISTANT GOVERNMENT PLEADER for the
Appellant(s) No. 1
MR DEVANG VYAS(2794) for the Respondent(s) No. 2
SINGHI & CO(2725) for the Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS.
JUSTICE SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 18/06/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. The present Letters Patent Appeal is directed against the order dated 12.08.2016 passed by the learned Single Judge in recalling the order dated 18.12.2009 of the dismissal of the writ-petition as withdrawn. The appeal was delayed and hence, was accompanied with the delay condonation application namely, Civil Application [for Condonation of Page 1 of 4 Uploaded by A. B. VAGHELA(HC01079) on Tue Jun 24 2025 Downloaded on : Tue Jun 24 21:26:18 IST 2025 NEUTRAL CITATION C/LPA/1335/2017 ORDER DATED: 18/06/2025 undefined Delay] No.7706 of 2017. By order dated 09.08.2017, this court has allowed the delay condonation application and condoned the delay in preferring the Letters Patent Appeal after issuing rule to the respondents. The order dated 09.08.2017 was subjected to challenge before the Apex Court in a Special Leave Petition (C) No.23270 of 2017, wherein, vide judgment and order dated 06.08.2019 while granting Leave, the Special Leave Petition was converted to Civil Appeal No.6113 of 2019 and was disposed of by the order of the same date, remitting the matter back to the learned Single Judge for decision on merits and gave early consideration to the application for amendment filed in the writ-petition.
2. Pertinent is to note that the writ-petition namely, the Special Civil Application No.21996 of 2005, out of which, the present appeal has arisen, was dismissed as withdrawn vide order dated 18.12.2009 on the statement made by the learned counsel appearing for the petitioner. This order was sought to be recalled by means of Misc. Civil Application No.896 of 2015, which was accompanied with the Civil Application [For Condonation of Delay] No.5269 of 2015. The delay condonation application in filing the recall application was Page 2 of 4 Uploaded by A. B. VAGHELA(HC01079) on Tue Jun 24 2025 Downloaded on : Tue Jun 24 21:26:18 IST 2025 NEUTRAL CITATION C/LPA/1335/2017 ORDER DATED: 18/06/2025 undefined allowed vide order dated 06.05.2016 condoning the delay of 1921 days in filing the recall application namely, Misc. Civil Application No.896 of 2015. Thereafter, by order dated 12.08.2016, the order of dismissal of the writ-petition as withdrawn dated 18.12.2009 was recalled and the writ- petition was restored to its original number to be decided on merits.
3. As noted herein-above, the order dated 09.08.2017 for condonation of delay in entertaining this appeal has been set aside by the Apex Court and the matter has been remitted back for consideration by the learned Single Judge. The cause of action for filing the present appeal, therefore, would not survive. The present appeal is accordingly, dismissed as infructuous.
Before parting, we may say that the learned Single Judge is requested to make an endeavour to decide the writ-petition as expeditiously as possible, after disposal of all pending applications in the spirit of the directions contained in the judgment and order dated 06.08.2019 passed by the Apex Court, as noted hereinabove.
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NEUTRAL CITATION C/LPA/1335/2017 ORDER DATED: 18/06/2025 undefined All pending Civil Applications stand disposed of, accordingly.
(SUNITA AGARWAL, CJ ) (D.N.RAY,J) A. B. VAGHELA Page 4 of 4 Uploaded by A. B. VAGHELA(HC01079) on Tue Jun 24 2025 Downloaded on : Tue Jun 24 21:26:18 IST 2025