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ARAVIND KUMAR, ASHUTOSH J. SHASTRI
Kanubhai Purushottambhai Patel – Appellant
Versus
State of Gujarat – Respondent
ORDER :
Aravind Kumar, J.
1. Heard Shri Nilay H. Patel, learned counsel appearing for the appellants - applicants and Mr. Pinakin B. Raval, learned counsel appearing for the fifth respondent (writ applicant before the learned Single Judge). No notice is issued to other respondents since this appeal/application is being disposed of at the preliminary stage itself without any adverse order being passed against respondents who are yet to be served and also having regard to the fact that we are examining as to whether notice is to be issued to respondents on the application for condonation of delay.
2. The fifth respondent was the writ applicant before the learned Single Judge in Special Civil Application 5455 of 2019 and he had sought for a direction to the respondents to remove or stop illegal/additional construction put up by the plot holders in the Society and pending admission of said Special Civil Application, an interim payer was sought for to direct the respondent no. 2 therein namely, the District Development Authority, Mehsana (who is also second respondent herein) to consider the representation dated 03.02.2014 submitted by the writ applicant and others within a stipulated time
The main legal principle established in the judgment is the liberal interpretation of 'sufficient cause' for delay condonation, emphasizing the importance of substantial justice and the protection of....
Though the Courts are required to weigh scale of balance of justice in respect of both the parties, the said principle cannot be given a total good-bye in the name of liberal approach.
The expression "sufficient cause" employed by legislature is adequately elastic to enable the courts to apply the law in a meaningful manner which sub-serves the ends of justice--that being life-purp....
Government bodies must provide reasonable explanations for delays in filing appeals, as the law of limitation applies equally to all litigants, including the State.
The main legal point established in the judgment is that delay in approaching the court should not be deliberate, negligent, or lack bona fide, and the principles of condonation of delay should be ap....
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