RABARI DEVJI RAMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Sec. 5 of the Limitation Act, the original respondents of the writ petition have prayed to extend the period of limitation for challenging an order dtd. 30/9/2016 passed by the learned Single Judge in Writ Petition being Special Civil Application No.9883 of 1992, by which, the petition filed by the present private respondents came to be allowed.

(2.) In response to notice issued by this Court, private respondents have appeared through learned advocate Mr.Trilok Patel and he has filed affidavit in reply and oppose grant of relief as prayed for, mainly on the ground that there is huge delay in filing the appeal i.e. around 1392 days.

(3.) Mr.Jaimin Dave learned advocate for the applicant would firstly submit that though the office has calculated delay of 1392 days in preferring the appeal is, in fact, the period which has been granted for excluding the period for COVID pandemic. In fact, there is a delay of 730 days and therefore, it cannot be said that it is a huge delay.