State Of Gujarat vs Chenva Ramabhai Bahecharbhai
2024 Latest Caselaw 616 Guj

Gujarat High Court

State Of Gujarat vs Chenva Ramabhai Bahecharbhai on 23 January, 2024

Author: N.V.Anjaria

Bench: N.V.Anjaria

                                                                                   NEUTRAL CITATION




       C/CA/2105/2023                               ORDER DATED: 23/01/2024

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2105 of
                            2023

              In F/LETTERS PATENT APPEAL NO. 28575 of 2023

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                              STATE OF GUJARAT
                                    Versus
                        CHENVA RAMABHAI BAHECHARBHAI
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Appearance:
MS. SHRUTI DHRUVE, ASSISTANT GOVERNMENT PLEADER for the
Applicant(s) No. 1
RULE SERVED for the Respondent(s) No. 1,2,3,4,5,6,7,8
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     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
           and
           HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                               Date : 23/01/2024

                        ORAL ORDER

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

Heard learned Assistant Government Pleader Ms. Shruti Dhruve for the applicant-State. Though served, none appears for the respondents.

2. Delay has occurred to the extent of 340 days in preferring the Letters Patent Appeal against judgment and order of learned single Judge dated 13.9.2022. With a prayer to condone the said delay, present Civil Application is filed.

3. Explaining the passage of time leading to delay as above, the following is stated,

(i) After deliverance of judgment and order of learned single Judge,

NEUTRAL CITATION

C/CA/2105/2023 ORDER DATED: 23/01/2024

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the Director of Primary Education asked for opinion from the Education Department. The Education Department in turn communicated with the office of Director of Primary Education sending proposal dated 30.1.2023.

(ii) On 8.2.2023, legal opinion of Assistant Government Pleader who appeared in the case was sought for. The opinion was given on 3.3.2023 which opined to challenge the judgment and order of learned single Judge by preferring appeal.

(iii) Director of Primary Education thereafter sent proposal to the Education Department on 7.3.2023. Legal Department formally gave permission to prefer the Letters Patent Appeal on 20.7.2023.

(iv) Thereafter the papers were sent to the office of Government Pleader, High Court. Appeal was prepared and came to be filed.

4. It could be submitted by learned Assistant Government that the delay has occurred on account of administrative reasons and that there was no intention on the part of the applicant-State to while away the time.

5. Since the applicant is State Government, decision making process invariably consumes time. The file has to travel in the hierarchy of department. Viewed from this stand point and considering the principle that in respect of impersonate bodies, that is State Government or semi government bodies, certain leeway is not impermissible in applying the principle of construction of sufficient cause more liberally, it could be said that the administrative grounds mentioned in the application made out sufficient cause for condoning the delay. Any attribution of negligence could not be pointed out.

                                                                                  NEUTRAL CITATION




       C/CA/2105/2023                             ORDER DATED: 23/01/2024

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6.      Sufficient cause is, therefore, made.     Delay deserves to be
condoned. It is condoned.

7. The Civil Application is allowed. Rule is made absolute.

(N.V.ANJARIA, J)

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