District Development Officer vs Bharatkumar Manharbhai Rabari
2023 Latest Caselaw 8581 Guj

Gujarat High Court

District Development Officer vs Bharatkumar Manharbhai Rabari on 11 December, 2023

Author: N.V.Anjaria

Bench: N.V.Anjaria

                                                                              NEUTRAL CITATION




     C/CA/1789/2023                            ORDER DATED: 11/12/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1789 of
                              2023
                                In
           F/LETTERS PATENT APPEAL NO. 28889 of 2023
                              With
               R/CIVIL APPLICATION NO. 1793 of 2023
                                 In
           F/LETTERS PATENT APPEAL NO. 16184 of 2023
                              With
               R/CIVIL APPLICATION NO. 1794 of 2023
                                 In
           F/LETTERS PATENT APPEAL NO. 16182 of 2023
                              With
               R/CIVIL APPLICATION NO. 1795 of 2023
                                 In
           F/LETTERS PATENT APPEAL NO. 28890 of 2023
                              With
               R/CIVIL APPLICATION NO. 1808 of 2023
                                 In
           F/LETTERS PATENT APPEAL NO. 28609 of 2023
                              With
               R/CIVIL APPLICATION NO. 1838 of 2023
                                 In
           F/LETTERS PATENT APPEAL NO. 27136 of 2023

==========================================================
                       DISTRICT DEVELOPMENT OFFICER
                                   Versus
                      BHARATKUMAR MANHARBHAI RABARI
==========================================================
Appearance:
MR KALPESH N SHASTRI(1739) for the Applicant(s) No. 1
MR GUNVANT R THAKAR(3801) for the Respondent(s) No. 1
MS BHARGAVI G THAKAR(5015) for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
==========================================================
 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
       and
       HONOURABLE MR. JUSTICE CHEEKATI
       MANAVENDRANATH ROY

                          Date : 11/12/2023
                           ORAL ORDER

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

NEUTRAL CITATION

C/CA/1789/2023 ORDER DATED: 11/12/2023

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Heard learned advocate Mr.Kalpesh Shastri for the applicant in all these Civil Applications. They are the applications seeking condonation of delay of 326 days.

2. Delay has taken place in preferring the Letters Patent Appeals which has the origin from common judgment and order of learned Single Judge.

3. The applicant is District Development Officer, which is impersonal authority and "State" within the meaning of Article 12 of the Constitution. When any decision is taken in the office of the applicant, consumption of time is inherent to some extent.

4. The reasons supplied for explaining delay of 326 days are administrative as the file travelled from one stage to another in the administrative process. As the decision making process has resulted into delay, it can be said sufficient cause is made out. It could not demonstrated that there was any element of negligence or indolence on the part of office of the applicant.

5. Sufficient cause is made out.

6. Delay deserves to be condoned. It is condoned.

7. All these applications are allowed. Rule is made absolute in each of the application.

(N.V.ANJARIA, J)

(CHEEKATI MANAVENDRANATH ROY, J) R.S. MALEK