Dahod District Panchayat vs Rajubhai Kadvabhai Prajapati
2025 Latest Caselaw 5099 Guj

Gujarat High Court

Dahod District Panchayat vs Rajubhai Kadvabhai Prajapati on 24 June, 2025

Author: A.S. Supehia

Bench: A.S. Supehia

                                                                                                           NEUTRAL CITATION




                            C/CA/5527/2024                                  ORDER DATED: 24/06/2025

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                                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5527 of
                                                  2024

                                   In F/LETTERS PATENT APPEAL NO. 32146 of 2024

                     ==========================================================
                                              DAHOD DISTRICT PANCHAYAT
                                                        Versus
                                             RAJUBHAI KADVABHAI PRAJAPATI
                     ==========================================================
                     Appearance:
                     MR HS MUNSHAW(495) for the Applicant(s) No. 1
                     MR DIPAK R DAVE(1232) for the Respondent(s) No. 1
                     ==========================================================

                       CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
                             and
                             HONOURABLE MR.JUSTICE R. T. VACHHANI

                                                        Date : 24/06/2025

                                                          ORAL ORDER

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

The present application is filed seeking condonation of delay of 74 days caused in preferring the captioned Letters Patent Appeal. Learned Advocate Mr.Munshaw appearing for the applicant - Panchayat has submitted that the delay may be condoned as there was lapse in administrative procedure in preferring the captioned Letters Patent Appeal within time limit.

2. Learned Advocate Ms.Siddhi Patel for Mr.Dave, learned advocate for the respondent has opposed the present application and submitted that the delay may not be condoned.

3. We have perused the explanation tendered in the application, more

NEUTRAL CITATION

C/CA/5527/2024 ORDER DATED: 24/06/2025

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particularly paragraph 2 of the application which is quoted herein under whereby the applicant has made out the sufficient cause to condone the delay caused in preferring the captioned Letters Patent Appeal.

"2. The applicant submits that, however, a delay of 74 days is caused in the process of filing of Letters Patent Appeal before the Hon'ble Division Bench of the Hon'ble High Court of Gujarat. It is submitted that the same is not due to any negligence or lethargy at his end.

It is submitted that a copy of judgment delivered by the Ld. Single Judge on 31.07.2024 was forwarded by Advocate Mr. Hemant S. Munshaw through post on 10.08.2024 and thereafter due administrative procedure was followed and ultimately it was decided to prefer Letters Patent Appeal before the Hon'ble High Court of Gujarat and Advocate Mr. Hemant S. Munshaw was requested to do the needful by way of handing over the papers on 27.09.2024 and immediately thereafter he has taken necessary steps and ultimately Letters Patent Appeal is filed but in the process a delay of 74 days is caused, which may be condoned in the interest of justice as it is not due to any negligence or lethargy at the end of the applicant."

4. Hence, the delay of 74 days caused in preferring the LPA is condoned. Registry to list the LPA in seriatim.

(A. S. SUPEHIA, J)

(R. T. VACHHANI, J) sompura / 33