Gujarat High Court
Secretary, Road And Building ... vs Meeraben Nagajibhai Raval on 22 November, 2024
Author: A.S. Supehia
Bench: A.S. Supehia, Gita Gopi
NEUTRAL CITATION
C/CA/3757/2024 ORDER DATED: 22/11/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3757 of
2024
In F/LETTERS PATENT APPEAL NO. 19584 of 2024
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SECRETARY, ROAD AND BUILDING DEPARTMENT & ORS.
Versus
MEERABEN NAGAJIBHAI RAVAL
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Appearance:
MS SHRUTI R. DHURVE AGP for the Applicant(s) No. 1,2,3
MR PH PATHAK(665) for the Respondent(s) No. 1
MS REENA M KAMANI(6007) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MS. JUSTICE GITA GOPI
Date : 22/11/2024
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. The present application is filed seeking condonation of
delay of 208 days in filing the captioned appeal.
2. Learned AGP Ms. Shruti Dhurve has submitted that the
order was passed by the learned Single Judge in Special Civil
Application No.18752 of 2022 on 08.11.2023, and the legal
opinion has been communicated by Law Officer to the
applicants on 30.12.2023. The applicant No.1 forwarded the
proposal to Legal Department, Government of Gujarat vide
letter dated 31.01.2024, and after approval on 15.03.2024
necessary instructions were given to the office of applicant
No.1. It is submitted that the record of the case was made
NEUTRAL CITATION
C/CA/3757/2024 ORDER DATED: 22/11/2024
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available to the office of the Law Officer on 26.04.2024, and
thereafter it took some time for drafting the appeal memo.
3. Learned AGP Ms. Shruti Dhurve has further submitted
that the applicants have good prima facie case on merits and
are likely to succeed in the appeal, and it will be in the
interests of justice, if the delay in filing the present appeal is
condoned and the appeal is decided on merits. It is submitted
that if the delay is not condoned, it will result in a situation,
where the applicants will suffer injustice and irreparable
harm, despite having a good prima facie case on merits and
balance of convenience in favour of the applicants.
4. At the outset, learned AGP Ms. Shruti Dhurve has
submitted that in a similar issue, the matter is pending before
the Supreme Court being Special Leave Petition (Civil) Diary
No(s).3576/2024, wherein and whereby the order of this Court
has been stayed.
5. Per contra, learned advocate Ms. Reena M.Kamani
appearing for the respondent has vehemently opposed the
present application and has submitted that only after the
respondent had issued a show cause notice for
implementation of the judgment and order passed by the
learned Single Judge, present appeal has been filed. It is
submitted that the delay is not properly explained and hence,
the present application may not be entertained.
6. We have heard the learned advocates appearing for the
respective parties. It is not in dispute that on a similar issue,
the matter has already been examined by the Supreme Court
NEUTRAL CITATION
C/CA/3757/2024 ORDER DATED: 22/11/2024
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and the order passed by this Court has been stayed. There are
various other Letters Patent Appeals, which are also pending
before us. We find the reasons given by the applicants in the
present application, sufficient enough to condone the delay.
7. In light of the aforesaid aspect, the delay of 208 days
requires to be condoned. The same is hereby condoned.
8. The present application stands allowed. Registry to give
pakka number to the captioned appeal and list the same today
itself.
(A. S. SUPEHIA, J)
(GITA GOPI,J)
Pankaj /8
