Deputy Executive Engineer vs Rumalbhai Bhurabhai Malivad
2023 Latest Caselaw 8519 Guj

Gujarat High Court

Deputy Executive Engineer vs Rumalbhai Bhurabhai Malivad on 7 December, 2023

Author: N.V.Anjaria

Bench: N.V.Anjaria

                                                                                    NEUTRAL CITATION




       C/CA/943/2023                               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. 943 of
                                2023

              In F/LETTERS PATENT APPEAL NO. 22145 of 2023

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                        DEPUTY EXECUTIVE ENGINEER
                                  Versus
                       RUMALBHAI BHURABHAI MALIVAD
==========================================================
Appearance:
MR. SANJAY UDHWANI, ASSISTANT GOVERNMENT PLEADER for the
Applicant(s) No. 1
MR DIPAK R DAVE(1232) for the Respondent(s) No. 1
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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.

2. Delay of 372 days has occurred at the end of the State in preferring the Letters Patent Appeal.

3. Judgment and order of learned single Judge was dated 24.6.2022, which was received in the department, it is stated, on 29.6.2022. Explaining the time thereafter taken, it was mentioned that the Assistant Government Pleader give opinion on 19.7.2023. The proposal was sent

NEUTRAL CITATION

C/CA/943/2023 ORDER DATED: 07/12/2023

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on 20.7.2023 to the higher authority seeking permission to file the appeal. In the meantime, contempt application was filed. The papers of the case were sent to the office of the Government Pleader, High Court of Gujarat, for filling the appeal communicating the decision to file the appeal.

3.1 It was averred that some time was taken by the office of the Government Pleader in collecting further instructions and preparing the appeal, to result into delay of 372 days.

4. The decision making process is the cause for delay. Since the applicant is State Government, certain leeway is not impermissible as the decision making process in the government department necessarily consumes time and that the passage of time is inherent to some extent.

5. Sufficient cause can be said to have been made out, however, looking to the extent of delay, token cost deserves to be imposed.

6. Delay of 372 days is condoned, however, with cost of Rs. 750/- to be paid by the applicant State to the high Court Legal Aid Services Committee within 15 days and the receipt shall be produced on record.

7. Civil Application is allowed. Rule is made absolute.

(N.V.ANJARIA, J)

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