SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(Guj) 326

ABDULLAH GULAMAHMED URAIZEE
LH of Thakor Ghemarji Bhikhaji – Appellant
Versus
Special Land Acquisition Officer – Respondent


Advocates:
Advocate Appeared:
For the Appellant :A.V. Prajapati, Advocate.
For the Respondents: Urmila Desai, AGP.

JUDGMENT :

Abdullah Gulamahmed Uraizee, J.

1. Rule returnable forthwith. Ms. Urmila Desai, learned AGP waives service of notice of Rule for the respondent - State.

2. Heard Mr. A.V. Prajapati, learned advocate for the applicant and Ms. Urmila Desai, learned AGP for the respondents.

3. The present application under Section 5 of the Limitation Act has preferred to condone the delay of 3049 days which has occurred in preferring First Appeal to assail the impugned judgment and award of the Trial Court.

4. Mr. A.V. Prajapati, learned advocate for the applicant submits that the applicant is a farmer having no knowledge about the legal remedy and hence, he could not prefer the appeal within prescribed period. It is his further submission that the applicant had not abandoned his right to prefer an appeal and no malafide is apparent so as to dismiss the present application.

5. He relied on the decision of the Supreme Court in case of K. Subbarayudu v. Special Deputy Collector (Land Acquisition) reported in 2017 (12) SCC 840. He submits that the term "sufficient cause" should receive liberal construction so as to advance substantial justice. He further submits that the applicant is ready and willi

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

    Please visit our Training & Support
    Center or Contact Us for assistance

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top