Gujarat High Court
State Of Gujarat vs P.N.Patel Deputy Mamlatdar E ... on 29 April, 2022
Bench: Hemant M. Prachchhak
C/CA/2273/2020 ORDER DATED: 29/04/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 2273 of 2020
In F/LETTERS PATENT APPEAL NO. 15567 of 2020
With
F/LETTERS PATENT APPEAL NO. 15567 of 2020
In
SPECIAL CIVIL APPLICATION NO. 2022 of 2013
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STATE OF GUJARAT
Versus
P.N.PATEL DEPUTY MAMLATDAR E DHARA
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Appearance:
Mr. Tirthraj Pandya Asst.GOVERNMENT PLEADER for the
Applicant(s) No. 1,2,3,4,5
MR KB PUJARA(680) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE R.M.CHHAYA
and
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 29/04/2022
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE R.M.CHHAYA)
Heard Mr. Tirthraj Pandya, learned Assistant Government
Pleader for the applicant State and Mr. K.B. Pujara, learned
advocate for the opponent- original petitioner.
By way of this application under Section 5 of the Limitation
Act has been preferred by the applicant to condone the delay of
1248 days caused in preferring Letters Patent Appeal challenging
the impugned common judgment and order dated 15.09.2016
passed by the learned Single Judge of this Court.
In response to the notice issued by this Court, the
opponent - original petitioner has filed reply opposing the
C/CA/2273/2020 ORDER DATED: 29/04/2022
present application for condonation of delay and opponent has
also filed further affidavit.
It was pointed out by Mr. Pujara, learned advocate for the
opponent - original petitioner that the common judgment and
order which was rendered in Special Civil Application No.2023 of
2013 was challenged by the appellant by filing Civil Application
No.2015 of 2020 in Letters Patent Appeal (F) No.1549 wherein
there was delay of 1390 days, which has been dismissed vide
order dated 18.12.2020 by the Coordinate Bench of this Court. It
was therefore, submitted by learned counsel for the opponent
that as the cognate appeals is already dismissed, same order
may be passed in this matter also.
Mr. Pandya, learned Assistant Government Pleader has not
been able to point out anything contrary to the same.
Considering the order dated 18.12.2020 passed by the
Coordinate Bench of this Court in Civil Application No.2015 of
2020 arising out of the cognate writ petition being Special Civil
Application No.2023 of 2013 which came to be partly allowed by
common judgment and order, which is also impugned in this
appeal, similar order deserves to be passed. The Coordinate
Bench of this Court in para 3 has observed thus:
"We are of the view that no case worth the name is made
out for condonation of delay of 1390 days in filing
appeal. We take notice of the fact that it is not a fit case
for preferring appeal, still on the insistence of the
Collector, Sabarkantha, the appeal seems to have been
filed after a long and inordinate delay. The Civil
Application is, accordingly, rejected."
Following order dated 18.12.2020 passed in Civil
Application No.2015 of 2020 delay of 1248 days in filing present
C/CA/2273/2020 ORDER DATED: 29/04/2022
appeal deserves to be dismissed .
In view of the aforesaid, application for condonation of
delay is rejected. As the application for condonation of delay is
rejected, the appeal also stands rejected. As the appeal is
rejected, connected Civil Application, if any, also stands
dismissed. However, there shall be no order as to costs.
sd/-
(R.M.CHHAYA,J)
sd/-
(HEMANT M. PRACHCHHAK,J)
KAUSHIK J. RATHOD
