Vitthalbhai Ramjibhai Vagadiya vs Rajkot Municipal Corporation
2024 Latest Caselaw 850 Guj

Gujarat High Court

Vitthalbhai Ramjibhai Vagadiya vs Rajkot Municipal Corporation on 31 January, 2024

Author: N.V.Anjaria

Bench: N.V.Anjaria

                                                                                       NEUTRAL CITATION




       C/CA/1493/2023                                  ORDER DATED: 31/01/2024

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1493 of
                                2023
                                 In
               F/LETTERS PATENT APPEAL NO. 25632 of 2023

==================================================
                    VITTHALBHAI RAMJIBHAI VAGADIYA
                                 Versus
                    RAJKOT MUNICIPAL CORPORATION
==================================================
Appearance:
MR ANAND B GOGIA(5849) for the Applicant(s) No. 1
MS KAJAL L KALWANI(6623) for the Applicant(s) No. 1
MS MUSKAN A GOGIA(6624) for the Applicant(s) No. 1
MS SHRUTI DHRUVE ASSISTANT GOVERNMENT PLEADER/PP for the
Respondent(s) No. 2
MR KV GADHIA(319) for the Respondent(s) No. 1
==================================================

     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
           and
           HONOURABLE MR. JUSTICE PRANAV TRIVEDI

                             Date : 31/01/2024

                                ORAL ORDER

(PER : HONOURABLE MR. JUSTICE PRANAV TRIVEDI)

Heard learned advocate Mr. Anand Gogia for the applicant, learned

advocate Mr. K.V. Gadhia for respondent no. 1 and learned Assistant

Government Pleader Ms. Shruti Dhruve for respondent no. 2.

2. Present is an application filed by the applicant praying to condone

delay of 384 days which has taken place in filing Letters Patent Appeal.

3. The applicant has preferred Letters Patent Appeal against the

common judgment and order dated 07.07.2022 of learned Single Judge and

as such, delay has taken place in filing the appeal.

                                                                                       NEUTRAL CITATION




       C/CA/1493/2023                                 ORDER DATED: 31/01/2024

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3.1. Explaining the passage of time, it is stated that after a copy of the

impugned order passed by the learned Single Judge was received by the

petitioner, the applicant-petitioner has preferred review application being

Misc. Civil Application (For Review) No. 1 of 2022 to review and re-decide

the matter. However, the learned Single Judge had rejected the review

application vide order dated 04.08.2023. In such circumstance, the

applicant has preferred Letters Patent Appeal challenging the legality,

validity and correctness of the order dated 07.07.2022 in Special Civil

Application No. 5883 of 2018 as well as order dated 04.08.2023 passed in

Misc. Civil Application (For Review) No. 1 of 2022.

3.2. As review was preferred and the time was consumed in pendency, it

was a conduct on part of the applicant litigating bona fide, delay of 384

days has to be viewed in that context.

4. Having considered submissions with regard to condonation of delay,

sufficient cause is made out to condone delay of 384 days. Delay is

condoned.

5. Application is allowed. Rule is made absolute.

(N.V.ANJARIA, J)

(PRANAV TRIVEDI,J) phalguni