State Of Gujarat vs Pandya Mohanlal Maganlal
2023 Latest Caselaw 8518 Guj

Gujarat High Court

State Of Gujarat vs Pandya Mohanlal Maganlal on 7 December, 2023

Author: N.V.Anjaria

Bench: N.V.Anjaria

                                                                                  NEUTRAL CITATION




       C/CA/1051/2023                             ORDER DATED: 07/12/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1051 of
                            2023

              In F/LETTERS PATENT APPEAL NO. 23925 of 2023

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                            STATE OF GUJARAT
                                  Versus
                        PANDYA MOHANLAL MAGANLAL
==========================================================
Appearance:
MR. SANJAY UDHWANI, ASSISTANT GOVERNMENT PLEADER for the
Applicant(s) No. 1,2,3,4,5,6
MR DIPAK R DAVE(1232) for the Respondent(s) No. 1,2,3,5
RULE SERVED for the Respondent(s) No. 4
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     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
           and
           HONOURABLE MR. JUSTICE CHEEKATI
           MANAVENDRANATH ROY

                             Date : 07/12/2023

                        ORAL ORDER

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

Heard learned Assistant Government Pleader Mr. Sanjay Udhwani for the applicant-State and learned advocate Mr. Dipak Dave for respondent Nos. 1, 2, 3 and 5. Rule is served upon respondent No.1, but none has chosen to appear.

2. The State has prayed to condone delay of 272 days in preferring the Letters Patent Appeal.

3. The judgment and order of learned single Judge was delivered on 13.10.2022. Thereafter, office of the Executive Engineer sent the order to the cicle office. The circle office thereafter communicated with other

NEUTRAL CITATION

C/CA/1051/2023 ORDER DATED: 07/12/2023

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departments. In the meantime, there was election to the State Legislation. Therefore, time was passed by and the process of decision making was slowed down because officers were engaged in the election. Legal opinion of the Assistant Government Pleader was sent to the circle office by the office of Executive Engineer on 29.4.2023. Legal department thereafter sanctioned filling of appeal on 11.7.2023, which decision was informed to the department concerned by letter dated 13.7.2023. The papers were thereafter forwarded to the office of the Government Pleader in the High Court of Gujarat.

4. The passage of time was for the administrative reasons. In the decision making process, consumption of time is inherent in the government department, for which reason delay has taken place. Negligence could not be attributed at any point of time. It was a decision of impersonate body.

5. Sufficient cause is made out to condone the delay. Delay is therefore condoned. The Civil Application is allowed. Rule is made absolute.

(N.V.ANJARIA, J)

(CHEEKATI MANAVENDRANATH ROY, J) C.M. JOSHI