STATE OF GUJARAT Vs. DHANJIBHAI MULJIBHAIPATEL

JUDGEMENT

(1.) By way of present civil application under Sec. 5 of the Limitation Act, the applicants - State Authorities have requested to condone the delay of 2306 days in preferring the Letters Patent Appeal.

(2.) In response to the notice issued by this Court, the opponents have appeared through Mr. Jitendra Patel, learned advocate and have filed the affidavit-in-reply on 2/8/2021 opposing the application for condonation of delay occurred in filing the appeal.

(3.) Mr. Bhargav Pandya, learned Assistant Government Pleader appearing for the State Authorities, would submit that the judgment and order was delivered by learned Single Judge on 12/11/2013 in Special Civil Application No. 7223 of 1998. The application for certificated copy was immediately filed on 20/11/2013. Certified copy of the judgment and order was delivered to the office of the Assistant Government Pleader on 25/11/2013. The concerned Assistant Government Pleader, thereafter, sent the opinion, vide communication dtd. 9/12/2013, to the Legal Department, Gandhinagar to file the appeal challenging the decision of learned Single Judge. On 3/1/2014, the Deputy Secretary, Revenue Authority sent a letter to the District Collector asking for detailed report with regard to decision of learned Single Judge. Thereafter, the District Collector informed the office of the Assistant Government Pleader to file the appeal, vide communication dtd. 18/1/2014.