State Of Gujarat vs Jitendrakumar Keshavlal Trivedi
2024 Latest Caselaw 564 Guj

Gujarat High Court

State Of Gujarat vs Jitendrakumar Keshavlal Trivedi on 22 January, 2024

Author: N.V.Anjaria

Bench: N.V.Anjaria

                                                                                       NEUTRAL CITATION




       C/CA/1536/2023                                  ORDER DATED: 22/01/2024

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1536 of
                            2023

              In F/LETTERS PATENT APPEAL NO. 20311 of 2023

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                               STATE OF GUJARAT
                                     Versus
                        JITENDRAKUMAR KESHAVLAL TRIVEDI
==========================================================
Appearance:
SANJAY UDHWANI, ASSISTANT GOVERNMENT PLEADER for the
Applicant(s) No. 1,2,3,4
MR DIPAK R DAVE(1232) for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
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     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
           and
           HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                Date : 22/01/2024

                        ORAL ORDER

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

Heard learned Assistant Government Pleader Mr. Sanjay Udhwani for the applicant-State and learned advocate Mr. Dipak Dave for respondent No.1. Rule is served upon respondent No.2, however, none appears.

2. The applicant-State has prayed to condone the delay of 350 days, which has taken place in preferring the Letters Patent Appeal.

3. The passage of time is explained by submitting that after deliverance of judgment and order of learned single judge on 28.6.2022, legal opinion was sought for on 7.7.2022. Correspondents took place

NEUTRAL CITATION

C/CA/1536/2023 ORDER DATED: 22/01/2024

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between the Commissioner of School and office of learned Government Pleader. Learned Assistant Government Pleader gave opinion to prefer the appeal.

4. Again the communication was sent to the legal department for preferring the appeal, which gave final opinion to prefer appeal, whereafter the papers were prepared at the office of the Government Pleader in the High Court and the appeal came to be filed and in that process, 350 days delay has taken place, which is although long, could not be said to have been occurred on account of any culpable negligence, for, the applicant is State where certain leeway is not impermissible. Sufficient cause has to be construed in light of the fact that the applicant is an impersonate body, where decision making process consumes time.

5. Sufficient cause is made out. Delay is condoned. Rule is made absolute.

(N.V.ANJARIA, J)

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