Sunilkumar Ganpatbhai Prajapati vs G B Rathod Food Safety Officer
2023 Latest Caselaw 2644 Guj

     C/CA/125/2023                                ORDER DATED: 29/03/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/CIVIL APPLICATION NO. 125 of 2023

                     In F/FIRST APPEAL NO. 33405 of 2022

==========================================================
                     SUNILKUMAR GANPATBHAI PRAJAPATI
                                   Versus
                      G B RATHOD FOOD SAFETY OFFICER
==========================================================
Appearance:
MR HIMANISH J JAPEE(11295) for the Applicant(s) No. 1
MR AKASH CHHAYA, ASST. GOVERNMENT PLEADER for the
Respondent(s) No. 1,2
==========================================================

 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                              Date : 29/03/2023

                                ORAL ORDER

1. Heard learned advocate Mr. Himanish Japee appearing

for the applicant and learned Assistant Government Pleader

Mr. Akash Chhaya appearing for the respondent nos. 1 and 2.

2. Rule returnable forthwith. Learned AGP Mr. Chhaya

waives service of rule on behalf of the respondents.

3. By way of this application, the applicant prays for

condoning the delay of 157 days which has occurred in

preferring appeal against the judgment and order passed by

the learned Food Safety Appellate Tribunal, Gandhinagar

dated 01.11.2021.

C/CA/125/2023 ORDER DATED: 29/03/2023

4. Considering the submissions made by learned advocate

Mr. Japee and having regard to the averments made on

record, more particularly, the submission that initially against

the judgment and order, the applicant had preferred a

criminal appeal and whereas, after the same having been

disposed of at the request of learned advocate for the

applicant, the present First Appeal is filed, in the considered

opinion of this Court, sufficient cause being made out, the

delay is condoned.

5. Registry to list the First Appeal for hearing on

17.04.2023.

6. The present application stands disposed of as allowed.

Rule is made absolute to the aforesaid extent.

(NIKHIL S. KARIEL,J) Bhoomi