Gujarat High Court
State Of Gujarat vs Maheshbhai Bachubhai Slanki on 5 February, 2024
Author: N.V.Anjaria
Bench: N.V.Anjaria
NEUTRAL CITATION
C/CA/1724/2023 ORDER DATED: 05/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1724 of
2023
In R/LETTERS PATENT APPEAL NO. 128 of 2024
With
R/CIVIL APPLICATION NO. 1725 of 2023
In
R/LETTERS PATENT APPEAL NO. 129 of 2024
With
R/CIVIL APPLICATION NO. 1726 of 2023
In
R/LETTERS PATENT APPEAL NO. 130 of 2024
With
R/CIVIL APPLICATION NO. 1729 of 2023
In
R/LETTERS PATENT APPEAL NO. 132 of 2024
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STATE OF GUJARAT
Versus
MAHESHBHAI BACHUBHAI SLANKI
==========================================================
Appearance:
MR. SANJAY UDHWANI, ASSISTANT GOVERNMENT PLEADER for the
Applicant(s) No. 1,2,3
MR. GAUTAM JOSHI, SR. ADV. WITH VYOM H SHAH(9387) for the
Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 05/02/2024
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
Heard learned Assistant Government Pleader Mr. Sanjay Udhwani
for the applicant-State and learned senior advocate Mr. Gautam Joshi
with learned advocate Mr. Vyom Shah for the respondents, in each of the
Civil Applications.
NEUTRAL CITATION
C/CA/1724/2023 ORDER DATED: 05/02/2024
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2. All these Civil Applications are filed by the State praying to
condone the delay occurred in filling the respective Letters Patent
Appeals. The delay sought to be condoned in Civil Application No. 1726
of 2023 is 343 days, whereas in all other Civil Applications, the delay is
of 316 days.
3. The Letters Patent Appeals arise from common judgment and order
dated 3.8.2022 of learned single Judge.
4. Seeking to condone the delay in each of the cases, learned
Assistant Government Pleader referred to the averments in the Civil
Application, which contain more or less the similar grounds to indicate
the passage of time.
4.1 It was stated in the memorandum of applications that judgment and
order of learned single Judge was delivered on 3.8.2022 and copy was
received by Chief Conservator of Forest on 14.9.2022 (sic). Thereafter,
opinion of learned Assistant Government Pleader concerned was asked
for, who gave his opinion on 29.8.2022. Necessary proposal was made
on 20.10.2022 and the Legal Department gave its opinion to prefer the
appeal. The file was thereafter processed and ultimately reached to the
office of Government Pleader in the High Court. It is in this process,
which is administrative in nature and comprised of this departmental
stages, that the delay has taken place.
4.2 Condonation of delay is opposed by the respondents-original
petitioners by filling affidavit-in-reply, in which it was inter alia
contended that delay arisen was due to the red-tape in the process.
Decision of the Supreme Court in Chief Post Master & Ors. vs. Living
Media India Ltd. [(2012) 3 SCC 563] was relied on to submit that in the
NEUTRAL CITATION
C/CA/1724/2023 ORDER DATED: 05/02/2024
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days of fast communication, passage of time to such an extent could not
be tolerated and sufficient cause has to be construed accordingly. It was
further submitted that not only the delay is long, that order is
implemented by the respondent before filling of the appeal. Merely
implementation of the order, is not a good ground not to condone the
delay, when other appeals are being considered by the court arising out of
the same judgment and order of learned single Judge.
5. There is an outweighing aspect in addition to the above for
condoning of delay. Out of the same judgment and order of learned
single judge, which is common in several petitions, in respect of other
petitions, Letters Patent Appeal No. 1458 of 2023, 1459 of 2023, 1450 of
2023 and 1460 of 2023 are being considered by this court for their merits
and in all those cases, delay has been condoned.
6. In the aforesaid view, sufficient cause is made out to condone the
delay in each of the cases.
7. Delay is condoned in each of the cases. Rule is made absolute in
each of the case.
The Registry is directed to list the Letters Patent Appeals for
admission hearing on 7.2.2024 alongwith Letters Patent Nos.1458 of
2023, 1459 of 2023, 1450 of 2023 and 1460 of 2023.
(N.V.ANJARIA, J)
(PRANAV TRIVEDI,J)
C.M. JOSHI
