Gujarat High Court
Custodian Of Evacuee Properties vs Amjadali Gazanfarali Bukhari on 18 June, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/LPA/1335/2017 ORDER DATED: 18/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1335 of 2017
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2017
In R/LETTERS PATENT APPEAL NO. 1335 of 2017
With
CIVIL APPLICATION (FOR JOINING PARTY) NO. 3 of 2017
In R/LETTERS PATENT APPEAL NO. 1335 of 2017
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CUSTODIAN OF EVACUEE PROPERTIES
Versus
AMJADALI GAZANFARALI BUKHARI & ANR.
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Appearance:
MR SANJAY UDHWANI, ASSISTANT GOVERNMENT PLEADER for the
Appellant(s) No. 1
MR DEVANG VYAS(2794) for the Respondent(s) No. 2
SINGHI & CO(2725) for the Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS.
JUSTICE SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 18/06/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. The present Letters Patent Appeal is directed against
the order dated 12.08.2016 passed by the learned Single
Judge in recalling the order dated 18.12.2009 of the dismissal
of the writ-petition as withdrawn. The appeal was delayed and
hence, was accompanied with the delay condonation
application namely, Civil Application [for Condonation of
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C/LPA/1335/2017 ORDER DATED: 18/06/2025
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Delay] No.7706 of 2017. By order dated 09.08.2017, this court
has allowed the delay condonation application and condoned
the delay in preferring the Letters Patent Appeal after issuing
rule to the respondents. The order dated 09.08.2017 was
subjected to challenge before the Apex Court in a Special
Leave Petition (C) No.23270 of 2017, wherein, vide judgment
and order dated 06.08.2019 while granting Leave, the Special
Leave Petition was converted to Civil Appeal No.6113 of 2019
and was disposed of by the order of the same date, remitting
the matter back to the learned Single Judge for decision on
merits and gave early consideration to the application for
amendment filed in the writ-petition.
2. Pertinent is to note that the writ-petition namely, the
Special Civil Application No.21996 of 2005, out of which, the
present appeal has arisen, was dismissed as withdrawn vide
order dated 18.12.2009 on the statement made by the learned
counsel appearing for the petitioner. This order was sought to
be recalled by means of Misc. Civil Application No.896 of
2015, which was accompanied with the Civil Application [For
Condonation of Delay] No.5269 of 2015. The delay
condonation application in filing the recall application was
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C/LPA/1335/2017 ORDER DATED: 18/06/2025
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allowed vide order dated 06.05.2016 condoning the delay of
1921 days in filing the recall application namely, Misc. Civil
Application No.896 of 2015. Thereafter, by order dated
12.08.2016, the order of dismissal of the writ-petition as
withdrawn dated 18.12.2009 was recalled and the writ-
petition was restored to its original number to be decided on
merits.
3. As noted herein-above, the order dated 09.08.2017 for
condonation of delay in entertaining this appeal has been set
aside by the Apex Court and the matter has been remitted
back for consideration by the learned Single Judge. The cause
of action for filing the present appeal, therefore, would not
survive. The present appeal is accordingly, dismissed as
infructuous.
Before parting, we may say that the learned Single Judge
is requested to make an endeavour to decide the writ-petition
as expeditiously as possible, after disposal of all pending
applications in the spirit of the directions contained in the
judgment and order dated 06.08.2019 passed by the Apex
Court, as noted hereinabove.
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C/LPA/1335/2017 ORDER DATED: 18/06/2025
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All pending Civil Applications stand disposed of,
accordingly.
(SUNITA AGARWAL, CJ )
(D.N.RAY,J)
A. B. VAGHELA
