DEPUTY COLLECTOR Vs. PATEL SHIVABHAI KAMABHAI

JUDGEMENT

(1.) This is an application under Sec. 5 of the Limitation Act for condonation of delay of 215 days which has occurred in filing the captioned First Appeal.

(2.) It is submitted by Ms. Vrunda C. Shah, learned AGP for the applicants that the learned Principal Senior Civil judge, Deodar has pronounced the judgment and award on 19/4/2019 and thereafter on 26/4/2019 the Deputy Executive Engineer, Dantiwada Dam Works, Sub-Division No.1, Deesa had applied for certified copy and the same was received on 16/5/2019. Thereafter the Dy. Executive Engineer, Dantiwada Dam Works had prepared proposal on 10/6/2019 and submitted to the office of Executive Engineer, Deesa Irrigation Department, which, in turn, was forwarded to the Additional Engineer, Sujalam Sufalam Div.2, Kherwa on 13/6/2019. Thereafter the filed was sent to the State Government through Narmada Water Resources, Water Supply and Kalpsar Department on 16/7/2019 wherein the State Government had given approval to submit the file before the Committee headed by Chief Engineer (South Gujarat) and Additional Secretary of the concerned department. Thereafter the Committee had given approval to file appeal before this Hon'ble Court on 16/9/2019 and the file was returned to the concerned department with an instructions to submit the file before the Revenue and Legal Department of the State of Gujarat. Thereafter on 25/11/2019 the Revenue Department had agreed with the decision to prefer appeal before this Hon'ble Court as approved by the Committee and file was submitted before the Legal Department for further approval whereby on 31/12/2019 the Legal Department had granted approval for preferring First Appeal before this Hon'ble Court. Thereafter the said instructions was forwarded to the concerned officer on 23/1/2020 with an instructions to contact the office of Government Pleader to initiate necessary procedure for preferring First Appeal before this Hon'ble Court.

(3.) It is submitted by learned AGP that in the meantime the office of Government Pleader received file on 2/1/2020 to prefer appeal without certified copy of the judgment and award and therefore the office of Government Pleader had sent a Fax on 6/1/2020 to the present applicants to call for the record of the case, and after receipt of the certified copy of the judgment and award by office of Government Pleader, the papers were given to the concerned Assistant Government Pleader for drafting in the month of May 2020 and thereafter the draft was prepared and sent for approval, and after approval the appeal was filed. It is submitted that in view of the aforesaid facts and circumstances of the case, the delay of 215 days has been caused in filing the appeal.