State Of Gujarat vs Anil Shukhabhai Ahir
2021 Latest Caselaw 16078 Guj

     C/CA/511/2021                             ORDER DATED: 12/10/2021




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/CIVIL APPLICATION NO. 511 of 2021
                                  In
              F/LETTERS PATENT APPEAL NO. 4120 of 2021

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                        STATE OF GUJARAT
                               Versus
                       ANIL SHUKHABHAI AHIR
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Appearance:
MS DIVYANGNA JHALA AGP (1) for the Applicant(s) No. 1,2
MR VISHAL B MEHTA(5319) for the Respondent(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
       and
       HONOURABLE DR. JUSTICE A. P. THAKER

                         Date : 12/10/2021
                          ORAL ORDER

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

Heard learned Assistant Government Pleader Ms.Divyangna Jhala for the applicant - State. Learned advocate Mr.Vishal Mehta, who appears for respondents No.4 and 5. Rule is served upon respondent No.2, but none appear on behalf of the rest of the said respondent.

2. The State has preferred this application to condone the delay of 121 days, which has taken place in preferring the Letters Patent Appeal against the common judgment of the learned Single Judge dated 17.10.2019 passed in Special Civil Application No.17508 of 2015 with Special Civil Application No.19697 of 2015.

3. It is stated explaining the delay that after judgment and order of the learned Single Judge dated 17.10.2019, the legal

C/CA/511/2021 ORDER DATED: 12/10/2021

opinion was solicited. Thereafter, the file was travelled through the different hierarchies. It is stated that in the meanwhile, due to Covid-19 pandemic situation contributed in further elapsing the time, resulting into delay of 121 days.

4. The grounds set out by the State to explain the passage of time is in the nature of administrative procedure, further contributed by the lockdown period on account of Covid-19 pandemic.

5. The reasons supplied to explain the delay are due to administrative process which was required to be undertaken before the final decision to prefer the appeal could be taken.

6. Sufficient cause is made out. Delay deserves to be condoned. It is hereby condoned.

7. The Civil Application is allowed. Rule is made absolute.

(N.V.ANJARIA, J)

(DR. A. P. THAKER, J) V.R. PANCHAL