Amreli District Panchayat vs Vinodbhai Durlabhji Jani
2023 Latest Caselaw 8543 Guj

Gujarat High Court

Amreli District Panchayat vs Vinodbhai Durlabhji Jani on 8 December, 2023

Author: N.V.Anjaria

Bench: N.V.Anjaria

                                                                                     NEUTRAL CITATION




     C/CA/1547/2023                                  ORDER DATED: 08/12/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO.                           1547
                         of 2023

          In R/LETTERS PATENT APPEAL NO. 1430 of 2023

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                      AMRELI DISTRICT PANCHAYAT
                                Versus
                       VINODBHAI DURLABHJI JANI
==========================================================
Appearance:
MR HS MUNSHAW(495) for the Applicant(s) No. 1,2,3
MR TR MISHRA(483) 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 : 08/12/2023

                           ORAL ORDER

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

Heard learned advocate Mr.H.S. Munshaw for the applicant Amreli District Panchayat and learned advocate Mr. U.T. Mishra for the respondent.

2. What is prayed in this petition filed by the Panchayat is to condone the delay of 324 days.

2.1 The delay has taken place in preferring the Letters Patent Appeal against the judgment and order dated 03.10.2022 of learned Single Judge in Special Civil Application No. 4889 of 2009, whereby the original petitioner is held entitled to receive

NEUTRAL CITATION

C/CA/1547/2023 ORDER DATED: 08/12/2023

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the benefits of the Resolution dated 17.10.1988 and consequential benefits of pension, etc.

3. The passage of time leading to delay is explained in the application by stating that the same was consumed not on account of the negligence on the part of the office of the applicant, but because the file was to be routed through different hierarchies in the administration before the final decision to file the appeal could be taken. The legal opinion of the advocate was also considered and processed.

4. The element of indolence is not present at any stage. The reasons are administrative, which makes out sufficient cause. In totality of the facts, delay of 324 days deserves to be condoned and is condoned.

5. Application is allowed. Rule is made absolute.

Letters Patent Appeal may be listed on 18.12.2023.

(N.V.ANJARIA, J)

(CHEEKATI MANAVENDRANATH ROY, J) BIJOY B. PILLAI