Dharmesh Champaklal Solanki vs State Of Gujarat Thro Secretary
2021 Latest Caselaw 16851 Guj

      C/CA/1719/2021                                 ORDER DATED: 26/10/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CIVIL APPLICATION NO. 1719 of 2021

                                 In
               F/LETTERS PATENT APPEAL NO. 22599 of 2021

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                         DHARMESH CHAMPAKLAL SOLANKI
                                    Versus
                       STATE OF GUJARAT THRO SECRETARY
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Appearance:
MR SHALIN MEHTA, SENIOR ADVOCATE with ADITI S RAOL(8128) for the
Applicant(s) No. 1
for the Respondent(s) No. 2,3
MR SAHIL TRIVEDI, AGP (99) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
       and
       HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                                 Date : 26/10/2021

                                  ORAL ORDER

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

In the facts of the case and having regard to the consent and request of learned advocates for the parties, this application was taken up for final consideration.

1.1 Rule returnable forthwith. Learned Assistant Government Pleader Mr.Sahil Trivedi waives service of rule on behalf of the respondents.

2. Heard learned senior advocate Mr.Shalin Mehta with learned advocate Ms.Aditi Raol for the applicant and learned Assistant Government Pleader.

3. It is to condone the delay of 419 days which has

C/CA/1719/2021 ORDER DATED: 26/10/2021

occasioned in preferring the Letters Patent Appeal, that is prayed to be condoned by filing this application.

3.1 It appears that the applicant- appellant has called in question judgment and order passed in common in group Special Civil Applications, while the present Letters Patent Appeal relates to the order in Special Civil Application No.4669 of 2012.

3.2 In the order, explaining the passage of time leading to delay, the reasons spelt out are inter alia that the proceedings of contempt as well as the cross appeal were filed which made the applicant to wait before proceeding to undertake the exercise of challenging the impugned order. Over and above, it was submitted on the basis of the averments that the applicant had no financial resources to immediately arrange for legal expenses which also contributed in passage of time. In addition to the above explanation, we notice that against the very common order passed in group of petitions, Letters Patent Appeals have been entertained corresponding to other Special Civil Applications. It was undisputedly stated that in those appeals also delay applications were filed and the delay have been condoned by this Court.

4. In view of the above aspect that the common judgment and order of the Learned Single Judge has already been subjected to Letters Patent Appeals by other petitions, learned Assistant Government Pleader could not object the condonation of delay with vehemence. In totality of the facts and circumstances of the case, sufficient cause can be said to have been made out to condone the delay.

C/CA/1719/2021 ORDER DATED: 26/10/2021

5. Accordingly, delay of 419 days is condoned. Application is allowed. Rule is made absolute.

Since it was stated that other Letters Patent Appeal in group are going to be listed on 24.11.2021, the present Letters Patent Appeal may also be listed on the same date.

(N.V.ANJARIA, J)

(ANIRUDDHA P. MAYEE,J) Manshi