MAKSUDBHAI SHARIFBHAI SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) SHRI Dave, learned advocate appearing on behalf of the petitioner seeks permission to delete the respondent No.3, so far as the present petition is concerned. Permission is, accordingly, granted.

(2.) RULE. Shri Pranav Dave, learned Assistant Government Pleader waives service of notice of RULE on behalf of respondent Nos.1 and 2. 1. With the consent of learned advocates appearing on behalf of respective parties, the matter is taken up for final hearing today. 2.Present application has been preferred by the petitioner original revisionist for an appropriate writ, direction or order quashing and setting aside the impugned order dated 14.06.2010 passed by the learned Revisional Authority i.e. Additional Development Commissioner, Gandhinagar, State of Gujarat, not condoning the delay of 41 days in preferring the Appeal under Section 57(3) of the Gujarat Panchayat Act, 1993. 3.Shri Kirtidev Dave, learned advocate appearing on behalf of the petitioner has heavily relied upon the recent decision rendered by the Hon'ble Supreme Court in the case of Improvement Trust, Ludhiana Vs. Ujagar Singh & Others, in Civil Appeal Nos.2395 of 2008 dated 09.06.2010, in support of his submission to condone the delay rather than non-suiting the applicant State of Gujarat on technical ground of delay. 4. Having heard the learned advocates appearing on behalf of respective parties and considering the impugned order, it appears that the Revisional Authority has taken a too technical view and has not entertained the aforesaid Appeal under Section 57(3) of the Gujarat Panchayat Act on the ground of delay of 41 days in preferred the said Appeal. Considering the observations made by the Hon'ble Supreme Court in the case of Improvement Trust, Ludhiana Vs. Ujagar Singh & Others (Supra), this Court is of the opinion that one additional opportunity should be given to the petitioner to submit the case on merits rather than non-suiting him on the technical ground of delay. As observed by the Hon'ble Supreme Court in the case of Improvement Trust, Ludhiana Vs. Ujagar Singh & Others (Supra), after all justice can be done only when the matter is fought on merits and in accordance with law rather than to dispose it of on such technicalities and that too at the threshold. It is further observed by the Hon'ble Supreme Court in the said decision that unless malafides are writ large on the conduct of the party, generally as a normal rule, delay should be condoned. It is further observed by the Hon'ble Supreme Court in the said decision that in the legal arena, an attempt should always be made to allow the matter to be contested on merits rather than to throw it on such technicalities. 5. Considering the above, present petition is allowed and the impugned order passed by the learned Additional Development Commissioner dated 14.06.2010 passed in Appeal No.94/2010 is hereby quashed and set aside and the learned Additional Development Commissioner is hereby directed to decide and dispose of the said Appeal in accordance with law and on merits. RULE is made absolute to the aforesaid extent. No costs.