Gujarat High Court
District Development Officer vs Amrutpuri Hukumpuri Gosai on 2 August, 2024
Author: A.S. Supehia
Bench: A.S. Supehia
NEUTRAL CITATION
C/CA/4078/2024 ORDER DATED: 02/08/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4078 of
2024
In F/LETTERS PATENT APPEAL NO. 21386 of 2024
In SPECIAL CIVIL APPLICATION NO. 7446 of 2024
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DISTRICT DEVELOPMENT OFFICER
Versus
AMRUTPURI HUKUMPURI GOSAI & ORS.
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Appearance:
MR HS MUNSHAW(495) for the Applicant(s) No. 1
for the Respondent(s) No. 4,5
MS SHRUTI DHRUVE, AGP for the Respondent(s) No. 3
MR TEJAS P SATTA(3149) for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 02/08/2024
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. The present application is filed seeking condonation of
delay of 48 days in filing the captioned Letters Patent Appeal
in Special Civil Application No.7446 of 2024.
2. Learned advocate for the applicant has submitted that
being aggrieved and dissatisfied by the judgment dated
03.05.2024 delivered by the learned Single Judge allowing
Special Civil Application No.7446 of 2024 directing the
applicant to place the respondent Nos.1 & 2 in regular pay-
scale from the initial date of appointment and grant the benefit
NEUTRAL CITATION
C/CA/4078/2024 ORDER DATED: 02/08/2024
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of arrears with effect from 01.01.2020 within a period of four
months, the applicant craves leave to prefer the captioned
Letters Patent Appeal before the Division Bench of this Court
on the facts and grounds mentioned therein.
3. Learned advocate for the applicant has submitted that
however, a delay of 48 days is caused in the process of filing
of Letters Patent Appeal before the Division Bench of this
Court. He has submitted that the same is not due to any
negligence or lethargy at his end. He has submitted that
Special Civil Application No.7446/2024 was heard and disposed
of by this Court on 03.05.2024. He has submitted that the
present applicant was not issued notice and heard by this
Court and therefore, it came to know about the order dated
03.05.2024 at a belated stage when the order was served upon
it. He has submitted that thereafter administrative procedure
was followed and the Respondent No.3 was consulted and
ultimately a decision was taken to file the Letters Patent
Appeal before the Division Bench of this Court and the letter
dated 19.06.2024 was addressed to learned advocate
Mr.Hemant S. Munshaw. He has submitted that as memo of
Special Civil Application was not served upon the applicant
herein, further steps were taken to obtain paperbook of Special
Civil Application and thereafter memo of Letters Patent Appeal
is prepared on 06.07.2024 and subsequent actions were taken
NEUTRAL CITATION
C/CA/4078/2024 ORDER DATED: 02/08/2024
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and ultimately the Letters Patent Appeal is filed on 20.07.2024,
but in the process the delay of 48 days is caused, which may
be condoned in the interest of justice as it is not due to any
negligence or lethargy at the end of the applicant.
4. Having regard to the submissions advanced by the
learned advocate for the applicant as well as the averments
made in the application, the delay of 48 days requires to be
condoned. The same is hereby condoned.
5. The present application stands allowed.
(A. S. SUPEHIA, J)
(MAUNA M. BHATT,J)
DIPTI PATEL/46
