Gujarat High Court
State Of Gujarat vs Govindbhai Devayatbhai on 24 November, 2025
NEUTRAL CITATION
C/CA/4967/2025 ORDER DATED: 24/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4967 of
2025
In F/FIRST APPEAL NO. 25970 of 2025
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STATE OF GUJARAT & ANR.
Versus
GOVINDBHAI DEVAYATBHAI
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Appearance:
MR RAHUL DAVE, ASST. GOVERNMENT PLEADER for the Applicant(s) No.
1,2
RULE SERVED for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 24/11/2025
ORAL ORDER
1. Learned AGP Mr.Dave has explained the delay by making
following averments in the application:
"2) The judgment and award were pronounced on
07.02.2023. Subsequently, on 13.02.2024, the
Deputy Executive Engineer of Sardar Patel
Irrigation Sub-Division, Keshod, District Junagadh,
applied for a certified copy of the judgment,
which was received on 14.02.2024. Thereafter, on
29.02.2024, the Deputy Executive Engineer
prepared a proposal to obtain a grant for
depositing the awarded amount and forwarded the
same to the Divisional Officer of the Executive
Engineer, Junagadh Irrigation Division.
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C/CA/4967/2025 ORDER DATED: 24/11/2025
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3) The delay in filing the appeal is neither willful
nor deliberate but is solely due to the genuine
and bona fide circumstances outlined above. The
applicants respectfully submit that they have a
substantial and arguable case on merits, and
denial of an opportunity to present their case
would result in serious prejudice and cause grave
injustice.
4) It is submitted that on 12.03.2024 District
Public Prosecutor L.O.R, given an opinion under
below 131, after that on dated 14.03.2024 the
said opinion given to the Deputy Executive
Engineer Sardar Patel Irrigation, Keshod issued
letter informing about the matter written to
Divisional Officer of Executive Engineer Junagadh
Irrigation Division, Junagadh office.
5) It is pertinent to note that part of the delay
also occurred due to on procedural steps taken
01.06.2024, when the Divisional Office of the
Executive Engineer, Junagadh Irrigation Division,
Junagadh, made certain remarks on the proposal
concerning the present case and by the office of
the Dy. Executive Engineer, Keshod, Junagadh
verified and submitted to office of the Executive
Engineer Irrigation, Junagadh.
6) Furthermore, on 03.07.2024, the Deputy
Executive Engineer, Shri Sardar Patel Irrigation,
Keshod, issued a letter to the Provincial Officer,
Keshod, referring to reliance placed on Land
Reference Case Nos. 1467/1999 (Main) to
1481/1999, related to the Naredi-Bodka-Piplana
Main Road Scheme, Village: Naredi, District:
Junagadh. In those cases, land was acquired by
NEUTRAL CITATION
C/CA/4967/2025 ORDER DATED: 24/11/2025
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the District Roads and Buildings Sub-Division,
Junagadh, and compensation was granted.
Accordingly, the office of Dy. Executive Engineer
Shri Sardar Patel Irrigation, Keshod, Junagadh
requested copies of relevant documents from the
District Roads and Buildings Sub-Division,
Junagadh, for further proceeding.
7) It is submitted that part of the delay occurred
due to the time taken by the Deputy Executive
Engineer, Keshod, in communicating with the
Deputy Collector and calculating the T.D.S.
deduction amount. Further delay was caused by
the Executive Engineer, Panchayat R&B
Department, Junagadh, who, on 14.10.2024,
informed the office of Shri Sardar Patel
Participatory Irrigation, Keshod, that the
compensation amount, as per the court's
judgment, had been deposited in the court, duly
acknowledged through receipts (enclosed), and
disbursed to the landowners. It was also stated
that no appeal had been filed up to that date.
Subsequently, on 07.11.2024, the committee
chaired by the Chief Engineer (Act.) and
Additional Secretary, Narmada, Water Resources,
Water Supply, and Kalpsar Department
recommended filing an appeal in the present case.
8) In consonance with the above, vide letter dated
03.02.2025, the Legal Department directed the
Public Prosecutor of the Hon'ble Gujarat High
Court to file an appeal, in consultation with the
Narmada, Water Resources, Water Supply
Department. The file was returned to the
concerned department on 06.02.2025. The appeal
pertains to the judgment dated 07.02.2023 passed
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C/CA/4967/2025 ORDER DATED: 24/11/2025
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in Land Reference Case No. 310/2012 by the
Principal Senior Civil Judge, Keshod, District
Junagadh.
9) It is submitted that part of the delay occurred
because the letter dated 07.02.2025 from the
Narmada, Water Resources, Water Supply, and
Kalpsar Department, regarding the filing of the
appeal, was received only on 18.02.2025 by the
office of the Deputy Executive Engineer, Sardar
Patel Participatory Irrigation, Keshod, via email
from the Executive Engineer, Junagadh Irrigation
Division. It is further submitted that additional
time was consumed by the Executive Engineer's
office in obtaining the relevant records and
documents from the Learned Principal Senior Civil
Judge, Keshod.
10) It is pertinent to note that on 19.02.2025, the
Deputy Executive Engineer, Sardar Patel
Participatory Irrigation, Keshod, received certified
copies of the Suit Petition, Judgment, Decree, and
Reply to the Suit Petition. Subsequently, on
20.02.2025, the Executive Engineer, Junagadh
Irrigation Division, Junagadh directed the office of
Deputy Executive Engineer, Sardar Patel
Participatory Irrigation, Keshod, to file an
affidavit and represent the Government in the
matter, including handling all related proceedings.
Thus, the delay that has occurred is bona fide,
and the applicant has not derived any benefit
from such delay.
2. The endorsement on the cause list indicates that though
Rule is served, no appearance has been filed on behalf of
the concerned party, nor is anyone present in person.
NEUTRAL CITATION
C/CA/4967/2025 ORDER DATED: 24/11/2025
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3. In view of the explanation offered in the application
mentioned hereinabove and in the absence of any
opposition, the application for condonation of delay of
819 days deserves to be allowed.
4. Hence, present application is allowed. Delay of 819 days
occurred in filing the appeal is condoned. Rule is made
absolute accordingly.
(M. K. THAKKER,J)
M.M.MIRZA
