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2017 DIGILAW 1239 (GUJ)

Shantuben Virabhai Harijan D/o and Legal Heir of Decd v. State of Gujarat

2017-07-04

R.SUBHASH REDDY, VIPUL M.PANCHOLI

body2017
ORDER : R. SUBHASH REDDY, J. 1. This application is filed to condone the delay of 87 days caused in preferring Letters Patent Appeal (Stamp Number) No. 1178 of 2017 aggrieved by the order dated 19.06.2013 passed in Special Civil Application No. 4111 of 2013 by the learned Single Judge. 2. The aforesaid Special Civil Application was filed challenging the order dated 4th December, 2012 passed by the Additional Secretary Revenue Department (Appeals), Ahmedabad whereby the revision filed by the applicant herein has been rejected and order dated 13th March, 2008 passed by the Collector, Surendranagar was confirmed. 3. The predecessor-Harijan Virabhai Malabhai of the applicant was granted lands bearing Survey No. 132 of Mouje Ghanshyampur, Taluka Limbdi admeasuring acres 7-20 gunthas, survey No. 133 admeasuring acres 10-00 gunthas and survey No. 34 admeasuring acres 10-00 gunthas, in all, acres 27-20 gunthas on new and impartible tenure for cultivating the [same for agricultural purposes. Since the lands were not used continuously for a period of 21 years, a case of breach of the condition had arisen and hence, vide order dated 29th January, 2007, the Assistant Collector ordered the subject lands to be vested in the State Government free from all encumbrances without payment of any compensation. Said order was confirmed by the appellate authority. Though such orders were under challenge in Special Civil Application, this Court vide order dated 19.06.2013 dismissed said Special Civil Application. 4. In this application, except stating that the applicant is a senior citizen and residing in interior Village of Limbdi of Surendragar District, no valid and sufficient reasons are stated to condone the abnormal delay of 1428 days occurred in filing the appeal. Having filed the Special Civil Application and pursued the matter, it is not believable that because she is resident of rural area, she could not file appeal in time. Equally, the reason that she is a senior citizen by itself will not help to condone the abnormal delay of 1428 days in filing the appeal and such reasons cannot be construed as sufficient reasons within the meaning of section 5 of the Limitation Act to condone the delay of 1420 days in filing the appeal. 5. As such, the Civil Application for condonation of delay is devoid of merits and is accordingly dismissed. 5. As such, the Civil Application for condonation of delay is devoid of merits and is accordingly dismissed. Consequently, Letters Patent Appeal (Stamp Number) No. 1178 of 2017 and Civil Application (Stamp Number) No. 7504 of 2017 are also dismissed.