Gujarat Forest Development ... vs Dodiyar Pratapbhai Ramabhai
2021 Latest Caselaw 16043 Guj

      C/CA/701/2020                                   ORDER DATED: 11/10/2021


           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 701 of 2020

             In F/LETTERS PATENT APPEAL NO. 40678 of 2019
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            GUJARAT FOREST DEVELOPMENT CORPORATION
                             Versus
                  DODIYAR PRATAPBHAI RAMABHAI
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Appearance:
MR GAUTAM JOSHI, SR. ADVOCATE WITH MR DM DEVNANI(5880) for the
Applicant(s) No. 1
MR SHALIN MEHTA, SR. ADVOCATE WITH MS SHIKHA PANCHAL for the
Respondent(s)
MS MANISHA LAVKUMAR, GOVERNMENT PLEADER WITH MR MANAN
MEHTA, AGP for Respondent(s) No.34
for the Respondent(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,32,
33,34,4,5,6,7,8,9
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
       and
       HONOURABLE DR. JUSTICE A. P. THAKER

                             Date : 11/10/2021

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

This Civil Application for condonation of delay in Letters Patent Appeal has been listed with other Letters Patent Appeal No.613 of 2021 arising out of common judgment and order of learned Single Judge. The said Letters Patent Appeal has been heard today at length.

2. With consent and request of learned advocates for the parties, this Civil Application is taken up for final consideration today.

2.1 Rule, returnable forthwith. Learned advocate Mr.Shikha Panchal and learned Assistant Government Pleader Mr.Manan Mehta waives service of notice of

C/CA/701/2020 ORDER DATED: 11/10/2021

Rule on behalf of the respective respondents.

2.2 Heard learned senior advocate Mr.Gautam Joshi with learned advocate Mr.D.M. Devnani for the applicant-Gujarat Forest Development Corporation and learned advocates for the respective respondents.

3. Applicant-Corporation has prayed for condonation of delay of 212 days which has taken place in filing Letters Patent Appeal. Averments in paragraph Nos.3,4 and 5 in the application show that there was intention on part of the Corporation to prefer the appeal. As in other case arising out of same judgment and order appeal was already preferred, however this appeal was delayed because of administrative procedure required to be undertaken to reach the decision.

4. In the totality of facts, sufficient cause is made out. Even otherwise, there was no serious objection on behalf of the respondents to condone the delay since other Letters Patent Appeal is filed in time and it was heard today. Resultantly, this application is allowed. Delay is condoned. Rule is made absolute.

5. Since as stated above, other Letters Patent Appeal has been heard today and kept reserved for order, Registry is directed to register F/Letters Patent Appeal No.40678 of 2019 to give it pucca number and list the same in separate board to be included in the list and Letters Patent Appeal, to be treated to have been heard along with such cognate

C/CA/701/2020 ORDER DATED: 11/10/2021

appeal, as per the request of learned advocates appearing for the parties.

This application is accordingly disposed of.

(N.V.ANJARIA, J)

(DR. A. P. THAKER, J) ANUP