Gujarat High Court
State Of Gujarat vs Bhikhubhai Balubhai Sidhpuria on 29 September, 2025
Author: A.S. Supehia
Bench: A.S. Supehia
NEUTRAL CITATION
C/CA/4973/2025 ORDER DATED: 29/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4973 of
2025
In F/LETTERS PATENT APPEAL/29398/2025
In R/SPECIAL CIVIL APPLICATION/18476/2014
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STATE OF GUJARAT & ORS.
Versus
BHIKHUBHAI BALUBHAI SIDHPURIA
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Appearance:
MS SHRUTI DHRUVE AGP for the Applicant(s) No. 1,2,3
MS HARSHAL N PANDYA(3141) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 29/09/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. The present application has been filed by the applicant - State, seeking condonation of delay of 141 days caused in preferring the Letters Patent Appeal challenging the impugned judgment and order dated 26.03.2025 passed by the learned Single Judge in Special Civil Application No.18476 of 2014.
2. Learned AGP has submitted that the judgment on which the learned Single Judge has placed reliance being judgment and order dated 29.10.2024 passed in Letters Patent Appeal No. 80 of 2024 has been stayed by the Supreme Court vide order date 05.05.2025 passed in Special Leave Petition (civil) Diary No. 22311 of 2025.
2.1 Learned AGP has further submitted that the impugned order dated 26.03.2025, was received on 08.04.2025 and the certified copy thereof was received by the concerned department on 23.04.2025. Thereafter, a communication was forwarded to the Finance department on 05.05.2025 for filing an appeal. On 17.05.2025, the learned AGP has forwarded opinion to the Finance Page 1 of 2 Uploaded by Radhika Srinivasan(HCD0042) on Tue Sep 30 2025 Downloaded on : Tue Sep 30 22:49:44 IST 2025 NEUTRAL CITATION C/CA/4973/2025 ORDER DATED: 29/09/2025 undefined Department. Upon due examination, the legal department had confirmed and approved the filing of the letters patent appeal vide communication dated 05.06.2025. It is further submitted that on 11.06.2025, necessary documents were forwarded to the office of the AGP, however, since the documents were found to be insuffient, the officers were directed to remain present with complete file. Thereafter, LPA was drafted and after the entire administrative process there has been a bona fide delay. It is further submitted that the delay caused is not due to negligence or abandonment on the part of the applicants but on account of efflux of time consumed in deciding the further cause of action to be undertaken by the applicants.
3. Learned advocate Ms. Harshal Pandya, has submitted that since the delay caused is not appropriately explained, the same may not be condoned.
4. We have considered the liable submissions with regard to condonation of delay. It is not in dispute that the judgment on which the Division Bench of this Court has placed reliance on the judgment dated 29.10.2024, which has been stayed by the Supreme Court. Moreover, we find the delay explained in the present application as palatable and hence, the delay of 141 days is hereby condoned.
5. The civil application stands disposed of. Registry is directed to give regular number to the captioned Letters Patent Appeal and list the same today itself.
(A. S. SUPEHIA, J) (L. S. PIRZADA, J) Radhika / 3 Page 2 of 2 Uploaded by Radhika Srinivasan(HCD0042) on Tue Sep 30 2025 Downloaded on : Tue Sep 30 22:49:44 IST 2025