State Of Gujarat vs Sardarsinh Bharatsinh Patel
2024 Latest Caselaw 481 Guj

Gujarat High Court

State Of Gujarat vs Sardarsinh Bharatsinh Patel on 18 January, 2024

Author: N.V.Anjaria

Bench: N.V.Anjaria

                                                                                    NEUTRAL CITATION




       C/CA/2009/2023                               ORDER DATED: 18/01/2024

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2009 of
                            2023

              In F/LETTERS PATENT APPEAL NO. 33048 of 2023

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                             STATE OF GUJARAT
                                   Versus
                        SARDARSINH BHARATSINH PATEL
==========================================================
Appearance:
MS. SHRUTI DHRUVE, ASSISTANT GOVERNMENT PLEADER for the
Applicant(s) No. 1,2,3
MR DIPAK R DAVE(1232) for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
           and
           HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                               Date : 18/01/2024

                        ORAL ORDER

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

Heard learned Assistant Government Pleader Ms. Shruti Dhruve for the applicant-State and learned advocate Ms. Nidhi Trivedi for learned advocate Mr. Dipak Dave for the respondent.

2. It is to condone the delay of 297 days taken place in preferring the Letters Patent Appeal, that the present Civil Application has been filed.

3. Explaining the passage of time leading to the delay of aforesaid extent, it is stated in the memorandum of Civil Application that after judgment and order impugned was pronounced on 3.10.2022, the department concerned solicited legal opinion of the Assistant Government Pleader concerned on 12.10.2022 and thereafter the file

NEUTRAL CITATION

C/CA/2009/2023 ORDER DATED: 18/01/2024

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moved through different hierarchical authorities to get the sanction.

3.1 The issue was deliberated and finally the legal department opined to prefer the appeal. The papers were handed over to the office of the Government Pleader at the High Court for the purpose of preferring the appeal. The time, therefore, consumed in processing the file and in decision making process.

4. It is true that delay is of 297 days, however, when the applicant is State, leeway to certain extent is not impermissible since it is an impersonate body and consumption of time could be said to be inherent to some extent when the decisions are taken in the government and semi- government bodies following the administrative procedure.

4.1 The principle is that sufficiency of cause should be viewed leniently when there is no attribution of negligence or indolence.

4.2 It could be said that sufficient cause is made out to condone the delay of 297 days. Delay is condoned.

5. Civil Application is allowed. Rule is made absolute.

(N.V.ANJARIA, J)

(SANDEEP N. BHATT,J) C.M. JOSHI