State Of Gujarat vs Hitendrasinh Mohabatsinh ...
2023 Latest Caselaw 7468 Guj

                                                                                   NEUTRAL CITATION




      C/CA/1534/2023                               ORDER DATED: 09/10/2023

                                                                                   undefined




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
 R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1534 of
                             2023
          In F/LETTERS PATENT APPEAL NO. 29340 of 2023
==========================================================
                           STATE OF GUJARAT
                                 Versus
                   HITENDRASINH MOHABATSINH VAGHELA
==========================================================
Appearance:
MR MANAN MEHTA, AGP for the Applicant(s) No. 1,2,3
 for the Respondent(s) No.
10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,3,4,5,6,7,8,9
ABHISST K THAKER(7010) for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
          and
          HONOURABLE MS. JUSTICE NISHA M. THAKORE
                       Date : 09/10/2023
                        ORAL ORDER

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

Rule, returnable forthwith. Learned advocate Mr.Abhisst Thaker waives service of rule on behalf of the respondent.

1.1 Heard learned Assistant Government Pleader Mr.Manan Mehta for the applicant State and learned advocate for the respondent.

2. It is to condone the delay of 386 days that the present application is filed by the State. The delay has occurred in preferring the Letters Patent Appeal against the judgment and order dated 2.8.2022 of learned single Judge.

3. Explaining the passage of time, it was stated that after the judgment was delivered by learned single Judge, the department received the same on 12.8.2022. Opinion of the Law Officer of the authority concerned was solicited on 14.9.2022, which was available on 22.9.2022. The file was thereafter put up in

NEUTRAL CITATION

C/CA/1534/2023 ORDER DATED: 09/10/2023

undefined

hierarchy of the departments. On 7.10.2022 legal opinion was sought for. On 14.11.2022, opinion was received from the Office of the Legal Department. The file was further processed and finally on 17.8.2023, the permission was received to prefer the appeal.

4. The delay is therefore attributable to the administrative process undertaken at the level of the applicant authority which is the State. When the applicant is State, consumption of time in decision making process is inherent to some extent. Certain amount of leeway is not impermissible in viewing the sufficient cause. In the totality of circumstances, the sufficient cause could be said to be made out. Delay deserves to be condoned. However, at the same time, looking to the length of delay, it is trite that the State is imposed with appropriate condition.

5. The delay is condoned, however which will be on condition that the State depositing the cost of Rs.2,000/- with the Gujarat High Court Legal Services Authority. Accordingly, the present application is allowed. Rule is made absolute.

The Registry is directed to notify the Letters Patent Appeal on 10.10.2023.

Learned advocate Mr.Abhisst Thaker is permitted to file his Vakalatnama, which shall be accepted by the Registry provided that the same is filed within one week.

(N.V.ANJARIA, J)

(NISHA M. THAKORE,J) Manshi