Deputy Collector vs Kanjibhai Punjabhai
2021 Latest Caselaw 2420 Guj

          C/CA/4715/2019                                        ORDER



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                R/CIVIL APPLICATION NO. 4715 of 2019
                 In F/FIRST APPEAL NO. 28711 of 2019
                                With
                R/CIVIL APPLICATION NO. 4717 of 2019
                                With
                R/CIVIL APPLICATION NO. 4718 of 2019
                                With
                R/CIVIL APPLICATION NO. 4719 of 2019
                                With
                R/CIVIL APPLICATION NO. 4720 of 2019
                                With
                R/CIVIL APPLICATION NO. 4721 of 2019
                                With
                R/CIVIL APPLICATION NO. 4722 of 2019
                                With
                R/CIVIL APPLICATION NO. 4723 of 2019
                                With
                R/CIVIL APPLICATION NO. 4724 of 2019
                                With
                R/CIVIL APPLICATION NO. 4725 of 2019
                                With
                R/CIVIL APPLICATION NO. 4726 of 2019
                                With
                R/CIVIL APPLICATION NO. 4727 of 2019
================================================================
                           DEPUTY COLLECTOR
                                  Versus
                           KANJIBHAI PUNJABHAI
================================================================
Appearance:
MS DHWANI TRIVEDI, AGP for the Applicant(s) No. 1,2 (in Civil Application
Nos.4715/2019, 4717-4721/2019)
MR ROHAN SHAH, AGP for the Applicant(s) No. 1,2 (in Civil Application
Nos.4722-4727/2019) for the Applicant(s) No. 1,2
MR HD CHUDASAMA(234) for the Respondent(s) No. 1
================================================================
 CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA
         and
         HONOURABLE MR. JUSTICE A.S. SUPEHIA
                       Date : 16/02/2021
                   COMMON ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. The present applications are filed seeking condonation of delay of 136 caused in filing the accompanying First Appeal.

C/CA/4715/2019 ORDER

2. Learned Assistant Government Pleader for the applicants- appellants, while explaining the delay has submitted that the impugned judgment and award was passed by the Reference Court / 7th Additional Senior Civil Judge, Jamnagar on 30.10.2018, certified copy thereof was applied on 02.11.2018 and it became ready for delivery on 19.12.2018. Learned Assistant Government Pleader has further submitted that after receipt of the certified copy of the judgment and award along with the legal opinion as sought for, the concerned learned District Government Pleader had submitted an opinion for preferring an appeal and thereafter, on 30.01.2019 a proposal was forwarded from the Divisional Office to the Circle Office, which was received by the concerned State Government on 08.03.2019, whereby, on 06.05.2019 the file was put up to the Special Committee and the Committee had given its opinion for preferring an appeal and in view of the same on 23.05.2019 the concerned Department had accorded its approval on the opinion given by the Committee and the file was forwarded to the Revenue Department of the State Government. It is submitted that on 17.06.2019 the Revenue Department had consented on the decision of the Department for appeal and, therefore, the file was sent to the Legal Department on 17.06.2019. It is submitted that thereafter, on 24.06.2019 the Legal Department took a decision for filing an appeal and a letter was forwarded to the learned Government Pleader Office along with the certified copy of the judgment and on 06.07.2019 the Office of the Government Pleader had called for further necessary documents. It is accordingly submitted that after receipt of the same, the papers were forwarded to the Office of the Government Pleader for drafting and preparing the First Appeal on 22.07.2019. It is submitted after completion of the entire process, the draft of the first appeal became ready and it was handed over to the concerned Filing Department of the Office of the Government Pleader for filing it before this Hon'ble Court.

              C/CA/4715/2019                               ORDER



2.1    Learned Assistant Government Pleader has urged that the

delay is nothing but a procedural aspect and the same was not willful or deliberate and/or inaction on the part of any of the departments of the Government and, therefore, the same may be condoned in the interest of justice.

3. In the application, the applicants have produced the details with regard to the delay. On perusal of the aforesaid details provided in the statements in paragraph No.3, it reveals that the delay has primarily occurred due to administrative reasons and belated filing of the aforesaid First Appeals does not appear to be intentional or deliberate.

4. Having regard to the submissions advanced by the learned Assistant Government Pleader for the applicants as well as the averments made in the application, it is noticed that the delay of 136 days has occurred due to bureaucratic methodology and appears to be satisfactorily explained. Hence, 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.

5. Accordingly, the delay of 136 days is hereby condoned. The present applications stand allowed to the aforesaid extent. RULE is made absolute. There shall be no order as to costs.

Sd/-

(N.V.ANJARIA,J)

Sd/-

(A.S.SUPEHIA,J) NEHA GUPTA