STATE OF GUJARAT Vs. MAHENDRABHAI MOHANLAL PARMAR

JUDGEMENT

(1.) Civil Application No. 01 of 2018 is filed by the State of Gujarat seeking condonation of delay of 370 days in filing the Letters Patent Appeal.

(2.) The Letters Patent Appeal sought to be filed was against the order dated 10.02.2017 passed by the learned Single Judge in Special Civil Application No. 13534 of 2009.

(3.) Mr. Pujara, learned advocate for the respondent has filed an affidavit-in-reply opposing the condonation of delay. Drawing our attention to the fact that the learned Single Judge passed the order on 10.02.2017 which was received by the District Education Officer, Patan on 02.03.2017, it was contended by Mr. Pujara that no action was taken even to apply for a certified copy and the same was applied beyond the period of time. Relying on a decision of the Apex Court in the case of Postmaster General and Others vs. Living Media India Limited and Another reported in (2012) 3 SCC 563, Mr. Pujara contended that no sufficient cause is made out and therefore the delay ought not to be condoned.