Gujarat High Court
Deputy Collector Land Acquisition And ... vs Amobibi Sidibhai (Since Deceased ... on 25 July, 2025
Author: Sangeeta K. Vishen
Bench: Sangeeta K. Vishen
NEUTRAL CITATION
C/CA/1589/2019 ORDER DATED: 25/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1589 of
2019
In F/FIRST APPEAL NO. 11264 of 2019
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DEPUTY COLLECTOR LAND ACQUISITION AND REHABILITATION
OFFICER & ORS.
Versus
AMOBIBI SIDIBHAI (SINCE DECEASED THROUGH LEGAL HEIRS) & ORS.
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Appearance:
MS FORAM TRIVEDI, AGP for the Applicant(s) No. 1,2,3
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES
for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No.
1.1,1.2,1.3.1,1.3.2,1.3.3,1.3.4,1.3.5,2
UNSERVED EXPIRED (R) for the Respondent(s) No. 1.3
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CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
and
HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 25/07/2025
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)
1. By this application, the applicant, has prayed for condoning the
delay of 384 days caused in preferring the captioned appeal.
2. Ms. Foram Trivedi, learned Assistant Government Pleader,
submitted that after the pronouncement of the judgment on 10.11.2017,
steps were taken for filing the appeal. Certified copy was applied and
was received in the month of December, 2017. Thereafter, the file was
moved in the department seeking opinion and after completing the
formality of opinion, the papers were forwarded to the office of the
NEUTRAL CITATION
C/CA/1589/2019 ORDER DATED: 25/07/2025
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Government Pleader, followed by instructions. It is thereafter, that the
appeal was preferred and filed. In the process, there occurred a delay in
preferring the captioned appeal. It is submitted that the captioned
appeal is arising out of Land Acquisition Reference Case No.448/2017,
whereas the First Appeal arising out of Land Acquisition Reference
Case No.450/2017, this Court, has been kind enough to condone the
delay vide order dated 10.07.2019. It is therefore urged that the delay
be condoned it being a bonafide.
3. Though served, the respondents have chosen not to enter
appearance.
4. Captioned appeal, is against the impugned judgment dated
10.11.2017 passed by the learned Principal Senior Civil Judge,
Lunawada, in connection with the Land Acquisition Reference Case
No.448/2017, in connected Land Acquisition Reference Case
No.450/2017. The First Appeal is already filed and vide order dated
10.07.2019, the Division Bench of this Court, has condoned the delay
by passing the following order:-
"Heard Mr. Chhaya, learned AGP for the applicant and Mr. Raval,
learned advocate for the opponent.
Having regard to the details mentioned in the application and
submission by learned advocate for the applicant and also considering the
fact that any affidavit opposing the application or disputing the details
mentioned by the applicant is not filed, application is allowed. Delay
caused in filing Appeal is condoned. Rule made absolute to the aforesaid
extent."
5. In view of the above and considering the submissions, this Court,
is of the considered opinion that the delay is sufficiently explained and
deserves to be condoned and is hereby condoned. Civil Application
NEUTRAL CITATION
C/CA/1589/2019 ORDER DATED: 25/07/2025
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succeeds and is accordingly allowed. Rule is made absolute. No order
as to costs.
(SANGEETA K. VISHEN,J)
(MOOL CHAND TYAGI, J)
HARSHIT
