Gujarat High Court
Umeshchandra Chandulal Dave vs State Of Gujarat on 2 May, 2025
NEUTRAL CITATION
C/CA/4733/2024 ORDER DATED: 02/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4733 of
2024
In R/MISC. CIVIL APPLICATION NO. 1207 of 2025
With
R/MISC. CIVIL APPLICATION NO. 1207 of 2025
In
R/SECOND APPEAL NO. 15 of 2001
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UMESHCHANDRA CHANDULAL DAVE
Versus
STATE OF GUJARAT & ORS.
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Appearance:
GAURAV P GOYAL(8861) for the Applicant(s) No. 1
MR. JAY MEHTA, AGP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2,3,4
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 02/05/2025
ORAL ORDER
1. In view of the earlier order, Mr. Jay Mehta, learned AGP for the respondent No.1 - State has tendered a copy of order dated 16.10.2023 passed by the Collector, Junagadh, which is taken on record, whereby subject fair price shop is already allotted to some other person namely Jagdish Vinodrai Jani.
2. Learned advocate for the applicant has fairly submitted that in view of the subsequent development, present proceedings have practically became infructuous. Page 1 of 3 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Mon May 05 2025 Downloaded on : Tue May 06 02:00:32 IST 2025
NEUTRAL CITATION C/CA/4733/2024 ORDER DATED: 02/05/2025 undefined 3.1 I have considered the fact that now in the subject matter, the third party interest is also created. It is also considered that present application is for condonation of delay in preferring the restoration application in Second Appeal No.15 of 2001, which is dismissed vide order dated 27.09.2022 whereby, there is a delay of 677 days. 3.2 It is fruitful to refer the various judgments of the Hon'ble Apex Court in the cases of (i) Office Of The Chief Post Master & Ors vs Living Media India Ltd. & Another reported in (2012) 3 SCC 563, (ii) Maniben Devraj Shah vs. Municipal Corporation, Bruhin Mumbai reported in (2010) 5 SCC 157 (iii) Basawaraj & Anr. vs. The Spl. Land Acquisition Officer reported in 2013 (14) SCC 81 and also
(iv) Majji Sannemma @ Sanyasirao vs. Reddy Sridevi & Ors. reported in AIR 2022 SC 332.
3.3 In view of the above, and in view of subsequent development, considering the application for restoration and as application for condonation of delay will merely become academic exercise as present proceedings are filed after delay of almost two years. Therefore, considering all these aspects, no fruitful purpose will be served to grant any prayer made in the present application for condonation of delay neither Page 2 of 3 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Mon May 05 2025 Downloaded on : Tue May 06 02:00:32 IST 2025 NEUTRAL CITATION C/CA/4733/2024 ORDER DATED: 02/05/2025 undefined any further purpose will be served for consideration of the Second Appeal, which is filed in the year 2001, which was dismissed vide impugned order dated 27.09.2022 passed in Second Appeal No.15 of 2001 and the proceedings are filed before the trial court by way of Regular Civil Suit No.225 of 1993. Therefore, considering the totality of the facts and circumstances, no sufficient cause is made out for condonation of delay.
3.4 In view of above, and also considering the averments made in the application for condonation of huge delay of 677 days, no justifiable cause is made out and it is found that applicant remained negligent. Moreover considering the fact that now, consideration of this application in positive manner will also amount to academic and futile exercise and, therefore, present application is not required to be dismissed as no prayer of present application is required to be considered. Accordingly, the present application is dismissed.
4. In view of disposal of the application for condonation of delay, the present Misc. Civil Application will not survive and the same is disposed of accordingly.
(SANDEEP N. BHATT,J) DIWAKAR SHUKLA Page 3 of 3 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Mon May 05 2025 Downloaded on : Tue May 06 02:00:32 IST 2025