State Of Gujarat vs Suthar Santilal Vajaram ...
2023 Latest Caselaw 1545 Guj

     C/CA/1106/2021                                 ORDER DATED: 14/02/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 1106 of 2021

                      In F/FIRST APPEAL NO. 13394 of 2021

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                         STATE OF GUJARAT
                               Versus
                 SUTHAR SANTILAL VAJARAM (DECEASED)
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Appearance:
MR ASHUTOSH DAVE, AGP for the Applicant(s) No. 1,2,3
for the Respondent(s) No. 1.3
DECEASED LITIGANT for the Respondent(s) No. 1
MR VIJAY N RAVAL(2025) for the Respondent(s) No.
1.1,1.2,1.3.1,1.3.2,1.3.3,1.4
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 CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE

                                Date : 14/02/2023

                                 ORAL ORDER

1. The appeal is preferred against the judgment and order dated 21.02.2018 passed by the Principal Senior Civil Judge at Tharad in Land Acquisition Reference Case No.859 of 2017.

2. The State is in appeal and for preferring an appeal, the delay of 663 days is caused.

3. Learned AGP for the applicants-State draws attention of this Court to the pleadings particularly in Paragraph Nos.2 & 3 of the application and has explained the reason for the delay in preferring the appeal.

4. It is essentially on account of the communication, which was received by the Department on 25.10.2019. After which the

C/CA/1106/2021 ORDER DATED: 14/02/2023

decision to prefer an appeal against the order could be taken, and thereafter, the delay with regard to receiving the certified copies of the judgment in view of the pandemic situation.

5. Learned advocate for the opponent opposed the grant of the delay application by submitting that the State has not given a day to day explanation with regard to delay that has occurred.

6. Having considered the rival submissions made by the learned advocates for the parties and having perused the documents on record, the Court has also perused the grounds on which the appeal is preferred and there appears to be a substance prima-facie challenge in the First Appeal. Moreover, the explanation, which is offered by the State Government appears to be out of an administrative exigency that the delay has occurred. There does not appear to be any intention to cause delay in preferring the appeal.

7. In view of aforesaid and considering the judgment of Apex Court in case of State of Haryana Vs. Chandramani reported in 1996 3 SCC 132, wherein State is held being an impersonal machinery. Delay is condoned. The present application is allowed.

(A.Y. KOGJE, J) GIRISH