District Development Officer vs Bhanabhai Limjibhai Patel
2025 Latest Caselaw 2026 Guj

Gujarat High Court

District Development Officer vs Bhanabhai Limjibhai Patel on 20 January, 2025

Author: A.S. Supehia

Bench: A.S. Supehia, Gita Gopi

                                                                                                                  NEUTRAL CITATION




                             C/LPA/1807/2024                                      ORDER DATED: 20/01/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                      R/LETTERS PATENT APPEAL NO. 1807 of 2024
                                                          In
                                     R/SPECIAL CIVIL APPLICATION NO. 12271 of 2013
                                                         With
                                      CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
                                                          In
                                      R/LETTERS PATENT APPEAL NO. 1807 of 2024
                      ==========================================================
                                                DISTRICT DEVELOPMENT OFFICER
                                                            Versus
                                               BHANABHAI LIMJIBHAI PATEL & ORS.
                      ==========================================================
                      Appearance:
                      MR RUTVIJ M BHATT(2697) for the Appellant(s) No. 1
                      MS NIRALI SHARDA AGP for the Respondent(s) No. 2
                      MR SHALIN MEHTA SENIOR ADVOCATE assisted by MS TEJAL K
                      SHAH(2719) for the Respondent(s) No. 1
                      ==========================================================
                        CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
                              and
                              HONOURABLE MS. JUSTICE GITA GOPI

                                                  Date : 20/01/2025
                                                   ORAL ORDER

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

1. Admit. Learned AGP waives service of notice of admission on behalf of respondent No.2-State and learned advocate Ms. Tejal K.Shah waives service of notice of admission on behalf of respondent No.1. With consent, of the learned advocates appearing for the respective parties, the matter is taken up for final hearing today.

2. The present Letters Patent Appeal filed under Clause 15 of the Letters Patent, 1865 is directed against the judgment and order dated 05.04.2024 passed by the learned Single Judge in the captioned writ petition to the extent of granting interest at the rate of 6% on the amount of recovery.

NEUTRAL CITATION

C/LPA/1807/2024 ORDER DATED: 20/01/2025

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3. Learned senior advocate Mr. Shalin Mehta on instruction of learned advocate Ms. Tejal K.Shah appearing for respondent No.1, has submitted that the respondent No.1 would give up the right or claim to the interest, as directed by the learned Single Judge.

4. Under the circumstances, in light of the aforesaid statement, the present Letters Patent Appeal is allowed to the extent of setting aside the judgment of the learned Single Judge directing the appellant to pay 6% interest on the amount, which was recovered from the respondent No.1 herein. The appellant shall recalculate the amount and accordingly pay the same within a period of eight weeks.

5. As a sequel, the connected Civil Application stands disposed of.

(A. S. SUPEHIA, J)

(GITA GOPI,J) Pankaj /24