Deputy Secretary vs Malji Suhel Suleman
2024 Latest Caselaw 5820 Guj

Gujarat High Court

Deputy Secretary vs Malji Suhel Suleman on 28 June, 2024

Author: A.S. Supehia

Bench: A.S. Supehia

                                                                                  NEUTRAL CITATION




       C/CA/1208/2024                             ORDER DATED: 28/06/2024

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1208 of
                             2024
          In F/LETTERS PATENT APPEAL NO. 5141 of 2024

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                        DEPUTY SECRETARY & ORS.
                                  Versus
                          MALJI SUHEL SULEMAN
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Appearance:
MR ADITYA PATHAK ASST. GOVERNMENT PLEADER for the Applicant(s)
No. 1,2,3
MR ADITYA M KHANDELWAL(12130) for the Respondent(s) No. 1
MS SANDHYA D NATANI(3678) for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
           and
           HONOURABLE MRS. JUSTICE MAUNA M. BHATT

                            Date : 28/06/2024

                             ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. Rule returnable forthwith. Mr. Aditya Khandelwal, learned advocate waives service of notice of rule on behalf of respondent No.1.

2. Present application under Section 5 of the Limitation Act has been preferred by the applicant requesting to condone the delay of 118 days caused in preferring the Letters Patent Appeal.

3. Having heard the learned advocate appearing for the

NEUTRAL CITATION

C/CA/1208/2024 ORDER DATED: 28/06/2024

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applicant and considering the fact that the learned Single Judge passed judgment and order dated 12.09.2023 in Special Civil Application No.7791 of 2019 and the authorities were in visit of the said order on 30.09.2023. The applicant authorities sought legal opinion from the concerned law officer. Sanction was given by the legal department of the Government of Gujarat vide letter dated 20.11.2023. Revenue Department, Government of Gujarat thereafter gave its necessary accent for filing intra court appeal vide letter dated 4.12.2023 addressed to the Collector, Bharuch. The applicants were in receipt of legal opinion addressed by the concerned law officer. Thereafter necessary documents were tendered to the office of Government Law Officers, High Court of Gujarat on 07.12.2023. Thereafter, the law officer concerned was briefed by the officers of the applicant authorities. The drafting of intra court appeal took some time. It is urged that the delay occasioned in preferring the appeal is an administrative delay and there was no intention on the part of the applicant authorities to prefer the appeal at a belated stage.

4. Learned advocate appearing on behalf of the respondent has no objection if delay is condoned condoning the delay.

5. Hence, the delay is sufficiently explained, present application is allowed. Delay of 118 days caused in preferring

NEUTRAL CITATION

C/CA/1208/2024 ORDER DATED: 28/06/2024

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the Letters Patent Appeal is hereby condoned. Rule is made absolute.

6. Registry to give pakka number to F/Letters Patent Appeal.

(A. S. SUPEHIA, J)

(MAUNA M. BHATT,J) NAIR SMITA V./07