State Of Gujarat vs Vinod Haribhai Solanki
2023 Latest Caselaw 8459 Guj

Gujarat High Court

State Of Gujarat vs Vinod Haribhai Solanki on 6 December, 2023

Author: N.V.Anjaria

Bench: N.V.Anjaria

                                                                                       NEUTRAL CITATION




     C/CA/2016/2023                                     ORDER DATED: 06/12/2023

                                                                                        undefined




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO.                              2016
                         of 2023
         In F/LETTERS PATENT APPEAL NO. 33590 of 2023
==========================================================
                             STATE OF GUJARAT
                                  Versus
                          VINOD HARIBHAI SOLANKI
==========================================================
Appearance:
MS SHRUTI DHRUVE, AGP for the Applicant(s) No. 1,2
 for the Respondent(s) No. 1
==========================================================

  CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
        and
        HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH
        ROY

                              Date : 06/12/2023

                           ORAL ORDER

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

Heard learned Assistant Government Pleader Ms. Shruti Dhruve for the applicant State.

2. By the present application, the State has prayed to condone the delay of 428 days, which has taken place in filing the Letters Patent Appeal against the judgment and order of learned Single Judge.

2.1 Since along with the papers of the delay condonation application, order of learned Single Judge sought to be impugned in the appeal and the compilation of the papers were available, with the help of learned Assistant Government Pleader, it

NEUTRAL CITATION

C/CA/2016/2023 ORDER DATED: 06/12/2023

undefined

could be noticed that the issue involved and the challenge arising from the judgment and order of learned Single Judge is covered by the decision of the Division Bench of this court dated 11.08.2023 rendered in Letters Patent Appeal No. 724 of 2023 and allied appeals.

3. In the said Letters Appeal No. 724 of 2023, the very judgment and order of learned Single Judge was brought under challenge by the other petitioners.

4. In the above view, since the rights and obligations of the parties shall be governed by the decision of this Court in Letters Patent Appeal No. 724 of 2023 dated 11.08.2023, no purpose would be served to condone the delay. Accordingly, the delay is not condoned.

5. The application is rejected.

Since the delay is not condoned, Registry shall refuse registration of the Letters Patent Appeal. It is accordingly disposed of along with connected Civil Application.

(N.V.ANJARIA, J)

(CHEEKATI MANAVENDRANATH ROY, J) BIJOY B. PILLAI