State Of Gujarat vs Patabhai Jesabhai
2025 Latest Caselaw 568 Guj

Gujarat High Court

State Of Gujarat vs Patabhai Jesabhai on 3 July, 2025

                                                                                                               NEUTRAL CITATION




                               C/CA/1108/2024                                 ORDER DATED: 03/07/2025

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                                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                          R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1108 of
                                                     2024
                                                 In F/FIRST APPEAL NO. 6935 of 2024
                        ================================================================

                                                     STATE OF GUJARAT & ORS.
                                                              Versus
                                                     PATABHAI JESABHAI & ORS.
                        ================================================================
                        Appearance:
                        MR RAHUL DAVE, AGP for the Applicant(s) No. 1,2,3
                        DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES
                        for the Respondent(s) No. 1
                        ================================================================
                          CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                                          Date : 03/07/2025

                                                           ORAL ORDER

1. This is an application, filed under Section 5 of the

Limitation Act, seeking condonation of delay of 1020 days,

caused in filing the appeal.

2. Heard learned AGP Mr. Rahul K. Dave for the appellant-

State. Though served, none appeared for respondent No.1.

3. Learned AGP for the appellant-State has submitted the

present application is arising out of Land Acquisition Land

Reference Case No.608 of 2017 and the impugned judgment and

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C/CA/1108/2024 ORDER DATED: 03/07/2025

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decree passed in Land Acquisition Land Reference Case

Nos.606 of 2017 to 610 of 2017. It is contended that lack of

clerical staff under the Sub-Division of applicants during the

period from 2019 to 2022, time was consumed in preparing the

calculation sheets by the Deputy Collector Land Acquisition and

Rehabilitation Irrigation Office. Thereafter, vide order dated

10.01.2022 passed in Miscellaneous Application No.21 of 2022

in Miscellaneous Application No.665 of 2021 in Suo Motu Writ

Petition (C) No.3 of 2024, the Hon'ble Supreme Court has

directed that period from 15.03.2022 to 28.02.2022 shall be

excluded for the purpose of limitation due to Covid-19

Pandemic situation in all over the country, there was a national

lock-down and the Court proceedings were stopped. It is

submitted that the aforesaid reasons are sufficient cause for not

filing the appeal within the limitation. It is further submitted that

there is no intentional inaction on the part of the applicants in

preferring the appeal within the period of limitation. There is no

lack of evidence on the part of the applicants. The time

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C/CA/1108/2024 ORDER DATED: 03/07/2025

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consumed in filing the appeal is because of shortage of staff and

nationwide lock-down all over the country.

4. Considering the averments made in the application and the

submissions canvassed by learned Assistant Government

Pleader for the applicant-State, it seems that sufficient cause is

made out to condone the delay. Resultantly, delay is condoned.

5. Accordingly, the present Civil Application stands disposed

of.

(D. M. DESAI,J) RINKU MALI