Chief District Health Officer vs Kanabhai Haribhai Barot
2023 Latest Caselaw 8033 Guj

                                                                                  NEUTRAL CITATION




       C/CA/735/2023                              ORDER DATED: 02/11/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 735 of
                                2023

              In F/LETTERS PATENT APPEAL NO. 21459 of 2023

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                       CHIEF DISTRICT HEALTH OFFICER
                                   Versus
                         KANABHAI HARIBHAI BAROT
==========================================================
Appearance:
MR HS MUNSHAW(495) for the Applicant(s) No. 1,2
MR ND SONGARA(2198) for the Respondent(s) No. 1,3,4,5
MS JANHVI N SONGARA(13254) for the Respondent(s) No. 1,3,4,5
NOTICE SERVED for the Respondent(s) No. 2,6,7,8,9
MR. SANJAY UDHWANI FOR RESPONDENT STATE
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     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
           and
           HONOURABLE MR. JUSTICE CHEEKATI
           MANAVENDRANATH ROY

                              Date : 02/11/2023

                        ORAL ORDER

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

Heard learned advocate Ms. Priyal Shah for learned advocate Mr. H. S. Munshaw for the applicants, learned Assistant Government Pleader Mr. Sanjay Udhwani for the respondent State and learned advocate Mr. N. D. Songara for the private respondents.

2. The applicants, who seek to condone the delay of 328 days, are the Chief District Health officer and District Development Officer- the limb of the State.

3. The delay has taken place in preferring the Letters Patent Appeal

NEUTRAL CITATION

C/CA/735/2023 ORDER DATED: 02/11/2023

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against judgment and order of learned single Judge. The applicant being the governmental authorities, the decision making process at their end has to undergo examination of matter at different hierarchical levels before final decision could be reached. It is in this context, it is pleaded that administrative process took time which resulted into delay.

4. As the applicants are the authorities of the State, a leeway to certain extent is not impermissible for them while viewing the delay. It could be said that sufficient cause is made out to condone the delay. Delay of 328 days is, therefore, condoned.

5. The Civil Application is disposed of.

The Letters Patent Appeal shall be listed on 6.11.2023.

(N.V.ANJARIA, J)

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