Gujarat High Court
Deputy Collector vs Prabhatbhai Mangalbhai Rathod on 28 April, 2025
NEUTRAL CITATION
C/CA/5337/2024 ORDER DATED: 28/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5337 of
2024
In F/FIRST APPEAL NO. 29100 of 2024
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DEPUTY COLLECTOR & ANR.
Versus
PRABHATBHAI MANGALBHAI RATHOD
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Appearance:
MR SHIVAM DIXIT AGP for the Applicant(s) No. 1,2
RULE NOT RECD BACK for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 28/04/2025
ORAL ORDER
Heard learned Assistant Government Pleader Mr.Shivam Dixit
for the applicant - State. From the record, it transpires that Rule
issued by this Court on 24/10/2024 has been duly served upon the
respondent. The matter has been notified for hearing before this
Court from time to time. However, the respondent chose not to enter
his appearance and to contest this application seeking condonation of
delay caused in preferring the captioned appeal. At the outset,
learned Assistant Government Pleader has invited attention of this
Court to the averments made in the application and has submitted
that because of the procedure prescribed, the time was consumed in
seeking necessary approval in approaching in appeal before this
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C/CA/5337/2024 ORDER DATED: 28/04/2025
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Court. He has therefore submitted that there is no inaction or gross
negligence on the part of the department in pursuing the present
appeal within the prescribed period of limitation. He has therefore
urged this Court to take liberal view to condone the delay.
2. Considering the aforesaid submissions and in light of the
explanation of the Department, it appears that the impugned
judgment and award was pronounced on 06/05/2023. The applicant
had applied for certified copy of the same. In the meanwhile, office
of the District Government Pleader, Anand was requested to provide
the legal opinion vide communication dated 14/07/2023. On
15/07/2023, the office of the Deputy Executive Engineer, Road and
Building Department, Sub-Division, Khambhat has paid necessary
fees to avail the certified copy of the orders which was ultimately
provided on 20/07/2023. The opinion of the District Government
Pleader, Anand was obtained on 31/07/2023 which was forwarded to
the Circle Office at Ahmedabad on 14/08/2023 with detailed
proposal seeking approval to move an appeal. On 04/09/2023, the
Circle Office, Ahmedabad had forwarded the proposal seeking
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C/CA/5337/2024 ORDER DATED: 28/04/2025
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necessary approval to the concerned department. On 22/11/2023,
the communication was addressed by the Department to the Circle
Office, Ahmedabad for the purpose of payment for fund. On
05/01/2024, the relevant papers were forwarded to the office of the
Government Pleader, High Court of Gujarat. The demand draft was
also received from the concerned Department on 15/02/2024. Thus,
the appeal came to be filed on 03/10/2024. No explanation a such
has been submitted by the appellant- State authorities as regards the
time consumed in submitting the appeal despite the Court fees being
received. The demand draft towards the court fees is received in the
month of February, 2024. However, considering the fact that all
throughout the appellant-State have pursued the matter in
approaching the appeal and looking to the inbuilt machinery of the
State Government where the decision with regards to preferring the
appeal has to be approved from the highest authority and in absence
of any challenge being made by the respondent, as against the
explanation offered, this Court is inclined to exercise the discretion
in favour of the applicant. The delay of 412 days caused in
preferring the captioned appeal is hereby condoned. Registry to give
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C/CA/5337/2024 ORDER DATED: 28/04/2025
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Pakka Number and to notify the matter for admission hearing in due
course.
(NISHA M. THAKORE,J)
sompura
