State Of Gujarat vs Patel Rayjibhai Muljibhai
2021 Latest Caselaw 1645 Guj

            C/CA/3741/2019                                         ORDER



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CIVIL APPLICATION NO. 3741 of 2019
              In F/FIRST APPEAL NO. 27974 of 2019
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STATE OF GUJARAT Versus PATEL RAYJIBHAI MULJIBHAI ================================================================ Appearance:

MR ROHAN SHAH, AGP(1) for the Applicant(s) No. 1,2,3 MR VIJAY N RAVAL(2025) for the Respondent(s) No. 1 ================================================================ CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA and HONOURABLE MR. JUSTICE A.S. SUPEHIA Date : 04/02/2021 IA ORDER (PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. The present application is filed seeking condonation of delay of 448 days caused in filing the accompanying First Appeal.

2. Learned Assistant Government Pleader for the applicants while explaining the delay has submitted that the civil court has passed the common judgment and award dated 28.02.2018 in Land Reference Cases No.1163/2017 (old No.50/2014), 1164­1166/2017 (old No.51­53/2014). It is submitted that after passing of the aforesaid judgment and award, learned District Government Pleader, Lunawada had informed about the same to the concerned office of the Department on 06.03.2018 and on the same date, the certified copy of the common judgment and

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award was applied for, which were provided by the court below along with the other documents. It is submitted that thereafter, legal opinion from the office of the District Government Pleader, was received on 20.06.2018 for challenging the aforesaid common judgment and award passed by Principle Senior Civil Judge, Lunawada.

2.1 Learned Assistant Government Pleader for the applicants has submitted that on 02.07.2018, the legal opinion of the learned District Government Pleader was received along with the copy of the judgement of the divisional office and on 05.11.2018, a copy of the opinion of the Special Land Acquisition Officer was received by the Divisional Office. It is submitted that thereafter the opinion of the Special Land Acquisition Officer was forwarded on 06.11.2018 from the Divisional Office to Sub­Divisional Office and in the year 2018, the copies of the judgement and opinion of the learned District Government Pleader were forwarded from the Divisional Office to the Sub­Divisional Office for preparation of necessary proposal thereof and such proposal was received from the Sub­ Divisional Office to the Divisional Office and thereafter, the said proposal was forwarded to the Circle Office from the Divisional Office on 13.11.2018. It is submitted that on 19.11.2018

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the proposal was forwarded from the Circle Office to the State Government.

2.2 Learned Assistant Government Pleader has further clarified that thereafter, on 28.01.2019 a letter was received by the Division Office from the State Government for clarification and pursuant to such clarification on 25.04.2019 details were received from the Sub­Divisional Office. It is submitted that the details as sought for from the State Government were forwarded to the Circle Office on 30.05.2019 and the details, as sought for from the Circle Office, were forwarded to the State Government on 03.06.2019. It is submitted by the learned Assistant Government Pleader that on the basis of the aforesaid, a decision was taken by the State Government for filing an appeal and a communication to that effect was forwarded to the Government Pleader Office.

2.3 Learned Assistant Government Pleader has further submitted that a decision was taken by the State Government for filing an appeal was forwarded to the Circle Office on 01.07.2019. It is submitted that thereafter, the letter of decision dated 11.07.2019 was forwarded from the Circle Office to the Divisional Office and the same was received by the Divisional Office on

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18.07.2019. It is submitted that thereafter, on 19.07.2019 the certified copy of the judgement was forwarded to the Government Pleader Office for preferring an appeal, but since some documents were required from the concerned Department, the same were called for and after receipt thereof, the papers were forwarded to the learned Assistant Government Pleader for drafting and preparing the First Appeal on 23.07.2019. It is submitted by learned Assistant Government Pleader that on 14.08.2019 a draft of the first appeal was handed over to the concerned Filing Department of the Office of the Government Pleader of this court and the captioned appeal was filed. Lastly, it is urged that the delay was not willful or deliberate and, therefore, the same may be condoned in the interest of justice.

3. Learned advocate Mr.Vijay Raval appearing on behalf of the original claimant has submitted that the delay may not be condoned and the application may be rejected.

4. Having regard to the submissions advanced by the learned advocates for the respective parties as well as the averments made in the application, it is noticed that the delay of 448 days has occurred due to bureaucratic methodology. The time is whiled away due to unnecessary

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communications, which could have been avoided, however, we are of the considered opinion that, in the larger interest of justice, some latitude is required to be shown in favour of the applicants. Since we find that the time is whiled away because of unnecessary communications, the delay is condoned on the condition of payment of cost of Rs.5,000/­ to the opponent­original claimant.

5. Accordingly, the delay of 448 days is hereby condoned. The present application stands allowed to the aforesaid extent. RULE is made absolute.

Sd/­ (N.V.ANJARIA,J)

Sd/­ (A.S.SUPEHIA,J)

NVMEWADA