Atul Vasudevbhai Joshi vs State Of Gujarat
2025 Latest Caselaw 6518 Guj

Gujarat High Court

Atul Vasudevbhai Joshi vs State Of Gujarat on 11 September, 2025

Author: Sunita Agarwal

Bench: Sunita Agarwal

                                                                                                                  NEUTRAL CITATION




                              C/CA/3144/2025                                      ORDER DATED: 11/09/2025

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                              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO.
                                               3144 of 2025
                              In F/LETTERS PATENT APPEAL NO. 17322 of 2025
                                                  With
                               F/LETTERS PATENT APPEAL NO. 17322 of 2025
                                                    In
                              R/SPECIAL CIVIL APPLICATION NO. 9459 of 2019
                       =============================================
                                                   ATUL VASUDEVBHAI JOSHI
                                                            Versus
                                                   STATE OF GUJARAT & ORS.
                       =============================================
                       Appearance:
                       MR. JAYDEEP M SHUKLA(6974) for the Applicant(s) No. 1
                       MS.HETAL PATEL, ASST.GOVERNMENT PLEADER for                                            the
                       Respondent(s) No. 1,2,3,4,5
                       =============================================

                        CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
                              SUNITA AGARWAL
                              and
                              HONOURABLE MR.JUSTICE D.N.RAY

                                                          Date : 11/09/2025

                                                  ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. This Intra-court appeal has been filed with the delay of 871 days, which has not been explained to the satisfaction of the Court, inasmuch, there is even no whisper as to when the appellant came to know about the judgment and order dated 02.12.2022 passed by the learned Single Judge.

2. However, in view of the submission made by the learned counsel for the appellant, pertinent is to note that the writ petition itself was filed with the substantial delay of more than two years seeking for quashing of the order passed by the Additional

NEUTRAL CITATION

C/CA/3144/2025 ORDER DATED: 11/09/2025

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Secretary, Revenue Department (Appeal), rejecting the prayer of the petitioner for cancellation of Entry No.5627 in the revenue records.

3. As noted by the learned Single Judge, the revenue entry No.5627 was made at the stage of the proceedings under Section 135D of the Land Revenue Code, 1879 when it was certified on 24.06.1997. The father of the petitioner, whose affidavit was relied upon to make an entry No.5627 and certification thereof made on 24.06.1997, had died in the year 2006. During his lifetime, the father of the petitioner had never questioned the genuineness of the affidavit or his signature thereon or the revenue entry made pursuant thereto.

4. Taking note of the said reasoning given by the learned Single Judge, we do not find any error in the judgment impugned. The Letters Patent Appeal stands dismissed both on the grounds of delay as well as on merits.

(SUNITA AGARWAL, CJ )

(D.N.RAY,J) SAHIL S. RANGER