Gujarat High Court
State Of Gujarat vs Ranchodbhai Rajabhai Hirpara on 6 September, 2022
Bench: A.J.Desai
C/CA/527/2021 ORDER DATED: 06/09/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 527 of 2021
In
F/LETTERS PATENT APPEAL NO. 4407 of 2021
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STATE OF GUJARAT
Versus
RANCHODBHAI RAJABHAI HIRPARA
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Appearance:
MR TIRTHRAJ PANDYA, AGP for the Applicant(s) No. 1,2,3,4,5
for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
and
HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 06/09/2022
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.J.DESAI)
1. By way of present application filed under Section 5 of the
Limitation Act, the applicant - State of Gujarat requested this
Court to condone the delay of 1038 days occurred in
challenging the judgment dated 13.04.2017 passed in Special
Civil Application No. 6169 of 2008.
2. On 27.07.2022, Mr. Tirthraj Pandya, Assistant Government
Pleader, requested this Court to grant time to file additional
affidavit. Accordingly, he has filed additional affidavit dated
26.07.2022 and has produced several communications on
record.
3. Mr. Tirthraj Pandya, Assistant Government Pleader, would
submit that initially, it was opined by the concerned
C/CA/527/2021 ORDER DATED: 06/09/2022
department not to challenge the order; however, ultimately,
in the year 2020, it was decided to challenge the order and
appeal came to be filed on 10.02.2021. By taking us through
the contentions and communications, he would submit that
there are sufficient reasons to condone the delay occurred in
filing the Letters Patent Appeal at belated stage.
4. We have heard Mr. Tirthraj Pandya, Assistant Government
Pleader. Perused the contents of the application, the reasons
for filing the appeal at belated stage referred in the
application. Para - 2 to 8 in the civil application for
condonation of delay are as under:
"2. It is submitted that the order was passed by the Hon'ble
Single Judge on 13.04.2017 and Dt. 15.05.2017 office of
the deponents had received a copy of the impugned
order.
3. The applicants respectfully submit that on 24.05.2017
the Deponent had received opini9on of Ld. AGP from the
office of the Government Pleader, High Court of Gujarat.
4. It is respectfully submitted that thereafter, District
Education Officer forwarded opinion along with case
paper to the Commissioner of Schools, then vide letter
Dt. 16.11.2017 Commissioner of Schools raised legal
queries regarding financial burden to District Education
Office and sought proposal for challenging the order,
then the District Education office vide letter Dt.
01.12.2017 resolve queries and submits necessary
information along with opinion and relevant case papers
to Commissioner of Schools, then the office of
C/CA/527/2021 ORDER DATED: 06/09/2022
Commissioner of School was sent necessary information
along with opinion and relevant case papers to
Education Department for challenging order by letter Dt.
07.12.2017.
5. It is respectfully submitted that thereafter, the office of
District Education Office vide letter dated 19.04.2018
sent proposal to Commissioner of Schools.
6. It is respectfully submitted that thereafter, vide letter
Dt.06.10.2018 Office of Commissioner of Schools sent
proposal to Education Department. As well as vide letter
Dt.05.12.2019 the office of Commissioner of Schools
sent reminder letter / proposal to Education Department
for getting permission from legal department for
challenging the impugned order.
7. It is respectfully submitted that thereafter, the Education
Department forwarded proposal for filing the Letters
Patent Appeal to the legal department. Thereafter, the
legal department was sanctioned the proposal for filing
appeal against the decision of Special Civil Application
No. 6169 of 2008 on 22.10.2020.
8. It is respectfully submitted that thereafter, the office of
Education Department was forwarded sanction letter to
Commissioner of School, Gandhinagar on 28.10.2020
and Commissioner of Schools forwaded sanction letter to
District Education Office, Gandhinagar on 12.11.2020,
thereafter, same sanction letter along with necessary
documents / records forwarded to office of Government
Pleader, Gujarat High Court, Sola by District Education
Office, Gandhinagar for prepare and draft the Letters
Patent Appeal."
5. We have gone through the additional affidavit and also gone
C/CA/527/2021 ORDER DATED: 06/09/2022
through several communications, which have been
exchanged way back in the year 2017-18. It appears from
the communication dated 06.10.2018 issued by the
Commissioner of Schools requesting the Education
Department to file appeal; however, no action was taken on
the part of present appellant - Education Department for
years together, and ultimately, the appeal came to be filed
only in the year 2021 i.e almost after four years from the date
of judgment delivered by learned Single Judge. Hence, we do
not find any reasons to entertain this application.
Accordingly, present application is dismissed.
6. In view of the order passed in civil application for
condonation of delay, F/letters Patent Appeal No. 4407 of
2021 along with F/ Civil Application No. 1 of 2021 do not
survive. Accordingly, the same stand disposed of.
(A.J.DESAI, J)
(MAUNA M. BHATT,J)
*F.S.KAZI.....
