Arvindbhai Chakubhai vs Deputy Collector, Land ...
2021 Latest Caselaw 17647 Guj

      C/CA/1792/2021                                   ORDER DATED: 23/11/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CIVIL APPLICATION NO. 1792 of 2021

                       In F/FIRST APPEAL NO. 24908 of 2021

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                    ARVINDBHAI CHAKUBHAI
                            Versus
     DEPUTY COLLECTOR, LAND ACQUISITION AND REHABILITATION
                         (IRRIGATION)
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Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Applicant(s) No. 1
MR TEJAS P SATTA(3149) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR MANRAJ BAROT AGP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

                                 Date : 23/11/2021

                                  ORAL ORDER

1. Rule returnable forthwith. Mr. Manraj Barot, learned AGP waives service of notice of rule on behalf of the respondent.

2. Heard Mr. Tejas P. Satta, learned advocate for the applicant and Mr. Manraj Barot, learned AGP for the respondent.

3. 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 award of the Reference Court.

4. Considering the fact that the applicant has explained

C/CA/1792/2021 ORDER DATED: 23/11/2021

delay which has occurred in preferring First Appeal in paragraph Nos. 3 to 12 of present application, I am of the opinion that the applicant has satisfactorily explained the delay.

5. In view of the above, present application is allowed. The delay which has occurred in preferring First Appeal to assail the impugned judgment and award of the Reference Court is hereby condoned.

6. The application stands disposed of accordingly. Rule is made absolute.

(A.G.URAIZEE, J) SURESH SOLANKI