Citation : 2021 Latest Caselaw 17604 Guj
Judgement Date : 23 November, 2021
C/CA/1662/2021 ORDER DATED: 23/11/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 1662 of 2021
In F/FIRST APPEAL NO. 22022 of 2021
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DEVYAT VEJA
Versus
DY COLLECTOR LAND ACQUISITION AND REHABILITATION IRRIGATION
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Appearance:
MR GM AMIN(124) for the Applicant(s) No. 1
MR MANRAJ BAROT, AGP for the Respondents-State
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CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE
Date : 23/11/2021
ORAL ORDER
Rule. Mr.Manraj Barot, learned advocate waives service of notice of Rule for the respondents-State.
Heard learned advocates for the respective parties.
The present application under Section 5 of the Limitation Act is preferred to condone the delay which has occurred in preferring First Appeal to assail the impugned judgment and order of the Reference Court.
Mr.GM Amin, learned advocate for the applicant submits that the applicant is a poor person and he has no wherewithal to prefer the appeal. According to his submission, the Reference Court has dismissed the reference on the ground of absence of the applicant. He further submits that almost entire land of the applicant is acquired and the applicant is left with very little land to
C/CA/1662/2021 ORDER DATED: 23/11/2021
run his livelihood. He, therefore, urges that the delay may be condoned.
Mr.Manraj Barot, learned AGP opposes the application and submits that the delay is huge, which has not been properly and sufficiently explained by the applicant. He, therefore, urges that the delay may not be condoned.
Considering the averments made in this application and submissions made by the learned advocates for the respective parties, the delay is condoned. The application stands disposed of. Rule is made absolute.
(A.G.URAIZEE, J) ALI
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