District Primary Education ... vs Khant Urmilaben Mangalbhai
2021 Latest Caselaw 16153 Guj

       C/CA/1420/2020                                 ORDER DATED: 13/10/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CIVIL APPLICATION NO. 1420 of 2020

              In F/LETTERS PATENT APPEAL NO. 10551 of 2020

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                    DISTRICT PRIMARY EDUCATION OFFICER
                                   Versus
                        KHANT URMILABEN MANGALBHAI
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Appearance:
MR HS MUNSHAW(495) for the Applicant(s) No. 1
MR. MANAN MEHTA, ASSISTANT GOVERNMENT PLEADER/PP(99) for the
Respondent(s) No. 2
MS SHIKHA D PANCHAL(10764) for the Respondent(s) No. 1
RULE SERVED BY DS(65) for the Respondent(s) No. 3
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     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
           and
           HONOURABLE DR. JUSTICE A. P. THAKER

                                  Date : 13/10/2021

                        ORAL ORDER

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

Heard learned advocate Mr. H. S. Munshaw for the applicant, learned advocate Ms. Shikha Panchal for respondent No.1 and learned Additional Public Prosecutor Mr. Manan Mehta for respondent No.2.

2. The applicant District Primary Education Officer has filed this application praying to condone the delay of 169 days. The applicant wants to challenge judgment and order of learned single Judge dated 26.8.2019 delivered in Special Civil Application No. 16342 of 2013.

3. It was stated to explain the passage of time leading to delay that after delivery of judgment and order of learned single Judge dated 26.8.2019, the copy of the same was forwarded by learned advocate to the Corporation on 9.9.2021. Thereafter, the administrative procedure

C/CA/1420/2020 ORDER DATED: 13/10/2021

was followed and the authorities including the Director of Primary Education was consulted. It was finally decided to prefer the appeal and the appeal came to be filed on 12.3.2020 resulting into delay to the aforesaid extent.

4. When the time is consumed in the decision making process and certain administrative procedure was required to be undergone in the process, the delay of 169 days can be said to have been explained with sufficient cause.

5. Delay deserves to be condoned. Delay is condoned. Civil Application is allowed. Rule is made absolute.

The Registry may list the Letters Patent Appeal.

(N.V.ANJARIA, J)

(DR. A. P. THAKER, J) C.M. JOSHI