Gujarat High Court
Atul Vasudevbhai Joshi vs State Of Gujarat on 11 September, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/CA/3144/2025 ORDER DATED: 11/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO.
3144 of 2025
In F/LETTERS PATENT APPEAL NO. 17322 of 2025
With
F/LETTERS PATENT APPEAL NO. 17322 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 9459 of 2019
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ATUL VASUDEVBHAI JOSHI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR. JAYDEEP M SHUKLA(6974) for the Applicant(s) No. 1
MS.HETAL PATEL, ASST.GOVERNMENT PLEADER for the
Respondent(s) No. 1,2,3,4,5
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 11/09/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. This Intra-court appeal has been filed with the delay of 871 days, which has not been explained to the satisfaction of the Court, inasmuch, there is even no whisper as to when the appellant came to know about the judgment and order dated 02.12.2022 passed by the learned Single Judge.
2. However, in view of the submission made by the learned counsel for the appellant, pertinent is to note that the writ petition itself was filed with the substantial delay of more than two years seeking for quashing of the order passed by the Additional Page 1 of 2 Uploaded by MR. SAHIL SAMIULLA RANGER(HC01898) on Fri Sep 12 2025 Downloaded on : Sat Sep 13 05:48:26 IST 2025 NEUTRAL CITATION C/CA/3144/2025 ORDER DATED: 11/09/2025 undefined Secretary, Revenue Department (Appeal), rejecting the prayer of the petitioner for cancellation of Entry No.5627 in the revenue records.
3. As noted by the learned Single Judge, the revenue entry No.5627 was made at the stage of the proceedings under Section 135D of the Land Revenue Code, 1879 when it was certified on 24.06.1997. The father of the petitioner, whose affidavit was relied upon to make an entry No.5627 and certification thereof made on 24.06.1997, had died in the year 2006. During his lifetime, the father of the petitioner had never questioned the genuineness of the affidavit or his signature thereon or the revenue entry made pursuant thereto.
4. Taking note of the said reasoning given by the learned Single Judge, we do not find any error in the judgment impugned. The Letters Patent Appeal stands dismissed both on the grounds of delay as well as on merits.
(SUNITA AGARWAL, CJ ) (D.N.RAY,J) SAHIL S. RANGER Page 2 of 2 Uploaded by MR. SAHIL SAMIULLA RANGER(HC01898) on Fri Sep 12 2025 Downloaded on : Sat Sep 13 05:48:26 IST 2025