Dhoraji Municipality vs Nareshbhai Gopalbhai Zala
2021 Latest Caselaw 13508 Guj

       C/CA/3466/2019                                 ORDER DATED: 06/09/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CIVIL APPLICATION NO. 3466 of 2019

              In F/LETTERS PATENT APPEAL NO. 33116 of 2019

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                              DHORAJI MUNICIPALITY
                                     Versus
                           NARESHBHAI GOPALBHAI ZALA
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Appearance:
MR PREMAL R JOSHI(1327) for the Applicant(s) No. 1
JEET Y RAJYAGURU(8039) for the Respondent(s) No. 1
NOTICE SERVED(4) 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 : 06/09/2021

                        ORAL ORDER

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

While learned advocate Mr. Premal Joshi has filed leave note, since learned advocate Mr. N. R. Koyani appearing on his behalf is present, the present application could be treated for the order.

1.1 Respondent No.2 is served, however none appears for the said respondent. Respondent No.1 is represented by learned advocate Mr. Jeet Rajyaguru.

2. The applicant Dhoraji Municipality has by filing the present civil application prayed to condone delay of 81 days which has occasioned in preferring the Letters Patent Appeal.

3. The judgment and order of the learned single Judge impugned in

C/CA/3466/2019 ORDER DATED: 06/09/2021

the appeal was delivered on 18.6.2019. Certified copy was applied on 4.7.2019 and it was delivered on 5.7.2019. It is averred in para 4 of the application that after the receipt of the certified copy, opinion was solicited from the advocate and after the opinion was received, the matter was placed before the municipal authorities who finally took decision to prefer the appeal. In this process, time elapsed to result into delay of 81 days.

4. The reasons mentioned in the civil application, in particular mentioned in para 4, would show that the delay is attributable to the administrative reasons. The applicant is a Municipality and an impersonate body where decision making process leading to filling of the appeal would necessarily consume some time as matter has to travel through hierarchies of decision makers.

5. In the circumstances, as the sufficient cause is made out, delay of 81 days is condoned. Application is allowed. Civil Application stands disposed of accordingly.

(N.V.ANJARIA, J)

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