The Gujarat Public Service ... vs Makwana Chetnaben Laxmanbhai
2022 Latest Caselaw 6708 Guj

    C/CA/1280/2022                                ORDER DATED: 27/07/2022



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/CIVIL APPLICATION NO. 1280 of 2022
                                  In
            R/LETTERS PATENT APPEAL NO. 1029 of 2022
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             THE GUJARAT PUBLIC SERVICE COMMISSION
                                Versus
                MAKWANA CHETNABEN LAXMANBHAI
==========================================================
Appearance:
MR HS MUNSHAW(495) for the Applicant(s) No. 1
for the Respondent(s) No. 10,11,12,13,14,15,16,3,4,5,6,7,8,9
MR TIRTHRAJ PANDYA, ASSTT. GOVERNMENT PLEADER/PP for the
Respondent(s) No. 2
MR BHUVNESH GAHLOT(10286) for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
          and
          HONOURABLE MRS. JUSTICE MAUNA M. BHATT

                              Date : 27/07/2022

                           ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.J.DESAI)

RULE. Learned advocate Mr. Bhuvnesh Gahlot waives service of notice of Rule on behalf of the respondent No.1 and learned AGP waives service of notice of Rule on behalf of the respondent No.2.

Present application under Section 5 of the Limitation Act has been filed requesting to condone the delay of 63 days caused in filing the Letters Patent Appeal against the judgment dated 29.03.2022 passed by the learned Single Judge in Special Civil Application No.1739/2021.

Learned advocate Mr. Bhuvnesh Gahlot appearing for the respondent No.1 has vehemently opposed the present application by relying upon the decision of Hon'ble Apex Court in

C/CA/1280/2022 ORDER DATED: 27/07/2022

the case of Office of the Chief Post Master General vs. Living Media India Limited reported in (2012)3 SCC 563.

Having heard learned advocates appearing for the respective parties and considering the averments made in the present application in support of the prayer to condone the delay caused in filing the Letters Patent Appeal, we are of the opinion that the delay is required to be condoned. The decision of Hon'ble Apex Court in the case of the Office of the Chief Post Master General (Supra) will not be applicable to the facts of the case on hand in view of the fact that the applicant has given reasonable explanation for the delay of 63 days caused in filing the Letters Patent Appeal against the judgment of the learned Single Judge.

In view of the above discussion, present application is allowed. Delay of 63 days caused in filing the Letters Patent Appeal against the judgment dated 29.03.2022 passed by the learned Single Judge in Special Civil Application No.1739/2021 is hereby condoned. Rule is made absolute accordingly.

Let, the Letters Patent Appeal No.1029 of 2022 be fixed for hearing on 28.07.2022.

(A.J. DESAI, J.)

(MAUNA M. BHATT, J.) Ajay