JUDGMENT :

A.P. Thaker, J.

1. This is an application preferred by the original petitioner-applicant State of Gujarat for condonation of delay of 3578 days in preferring application for bringing legal heirs of the deceased on record.

2. It is submitted by the learned advocate for the applicant that along with the above captioned Special Civil Application, many other Special Civil Applications of the same parties are pending. In present petition, the State is the petitioner and in other matters private parties are the petitioners. It is stated that so far as the petitions preferred by the private respondents are concerned, their legal heirs have already been brought on record. It is also contended that all the petitions were kept together and heard together and, therefore, practically since heirs of private petitioners are already brought on record in the respective petitions, the heirs of the respondents here may be technically brought on record.

2.1. It is also submitted that at the given point of time series of Civil Applications and restoration applications were filed and some were allowed and only formality now requires is to get the delay condoned to bring legal heirs on record. While explaining the delay, it has been contended that Misc. Civil Application (ST) No. 2193 of 2014 in CA (ST) No. 1837 of 2014 with MCA (ST) No. 2194 of 2014 in CA No. 2604 of 2014 came to be disposed of by order dated 19.6.2015 and thereafter the same were brought to the attention of the department. It is further stated that with effect from 1.5.2016, the Raigarh Range in whose jurisdiction Jamla village lies, has been brought under the administrative control of Sabarkantha Forest Division from the Aravalli Forest Division (earlier known as Sabarkantha South Division). It is averred that thereafter office of the deponent came to know regarding the said proceedings and, therefore, on 12.4.2016, the Range Forest off icer Raigarh had made communication to Talati-cum-Mantri, Jamla Gram Panchayat seeking the death certificate and Pedigree. It has received communication from Talati-cum-Mantri vide 21.9.2016 along with death certificate and Pedigree and it was informed that in view of the new Circular dated 14.5.2014, only parties can give declaration and only pursuant to such declaration of legal heirs of Pedigree can be prepared and provided. It is contended that private respondent did not provide any details to the Talati-cum-Mantri. It is contended that in Special Civil Application No. 14382 of 2003, 14383 of 2003, 14384 of 2003, legal heirs of the respondents came to be brought on record. It is contended that since private parties did not provide the details to the Talati-cum-Mantri and ultimately applicant did not get required information about the heirs of the deceased respondents, delay has occurred and, therefore, it is prayed to condone the delay of 3578 days caused in preferring Civil Application for bringing legal heirs.

3. This application has been opposed by the proposed heirs of the deceased Magansingh Mulsinh Metadia (sole respondent). It is contended that the original party respondent has died as back as on 6.9.2006 and fact of his such death and the names of all his surviving legal heris were communicated by their advocate to the office of the Government Pleader vide letter dated 16.4.2007 which was accepted by them on 23.4.2007. That in this way, the applicant was quite aware of the fact of such death of deceased Magansingh Mulsinh Metadia on and from 23.4.2007.

3.1 It is also contended that not only that, but in respect of the very dispute land situated at Village Jamla, the deceased himself had also filed Writ Petition being Special Civil Application No. 10573 of 2000, it was this Court during his life time Civil Application No. 12682 of 2007 was filed therein by the legal heirs of the deceased including the deponent, for their impleadment as party petitioner in place of their father. That the State Government was already served with cop