State Of Gujarat vs Mahendrabhai Ambalal Chauhan
2023 Latest Caselaw 8460 Guj

Gujarat High Court

State Of Gujarat vs Mahendrabhai Ambalal Chauhan on 6 December, 2023

Author: N.V.Anjaria

Bench: N.V.Anjaria

                                                                                       NEUTRAL CITATION




     C/CA/1633/2023                                   ORDER DATED: 06/12/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO.                             1633
                         of 2023

         In F/LETTERS PATENT APPEAL NO. 25990 of 2023

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                             STATE OF GUJARAT
                                  Versus
                       MAHENDRABHAI AMBALAL CHAUHAN
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Appearance:
MR SANJAY UDHWANI, AGP for the Applicant(s) No. 1,2,3
MR DIPAK R DAVE(1232) for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
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  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 Mr.Sanjay Udhwani for the applicant State and learned advocate Ms.Nidhi Trivedi for learned advocate Mr.Dipak Dave for respondent no.1. Though served with Rule, none appears for the respondent no.2.

2. By the present application, delay of 452 days is prayed to be condoned.

3. The applicant is State. It is mentioned in the application, explaining the passage leading to

NEUTRAL CITATION

C/CA/1633/2023 ORDER DATED: 06/12/2023

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delay that legal opinion was sought from the Assistant Government Pleader concerned for preferring an appeal against the judgment and order of learned Single Judge. Thereafter, a proposal was forwarded on 04.07.2022 to the Divisional Office. Legal opinion was received by the office of the Deputy Executive Engineer on 14.07.2022. The Divisional Office sent the proposal to the Circle Office, and such proposal to the Secretary, Narmada Water Resources and Water Supply & Kalpsar Department.

4. Finally, decision was taken to prefer an appeal. The officer from the office the Deputy Executive Engineer visited the office of Government Law Officers. Communications were made to obtain the certified copy of the judgment and order of learned Single Judge, which was received on 14.06.2023. On 03.07.2023, the papers of the case were sent to the office of the Government Law Officers and thereafter, the appeal was preferred.

5. The passage of time, is reflective of administrative process. It could not be said that the applicant or its officers were negligent or had given up the intention to prefer the appeal. Though the delay is of 452 days, since the applicant is the State, certain leeway is not impressible in viewing the process of decision

NEUTRAL CITATION

C/CA/1633/2023 ORDER DATED: 06/12/2023

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making process and therefore construing the sufficient cause with leniency.

6. Sufficient cause is made out. Delay is condoned however with a cost of Rs.2,000/- to be paid to the Gujarat High Court Legal Aid Services.

7. Application is allowed. Rule is made absolute.

(N.V.ANJARIA, J)

(CHEEKATI MANAVENDRANATH ROY, J) BIJOY B. PILLAI