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CA/1676/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 1676 of 2010
In
MISC.CIVIL
APPLICATION (STAMP NUMBER) No. 2924 of 2009
In
SPECIAL CIVIL APPLICATION No. 1523 of 2009
=========================================================
SECRETARY,
NARMADA WATER RESOURCES & 1 Applicant (s)
Versus
MANIBEN
RUMALSANG Opponent (s)
=========================================================
Appearance
:
MS
MINI NAIR, AGP for Petitioner(s) : 1 - 2.
MR KM SHETH for
Respondent(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4,1.2.5
=========================================================
CORAM
:
HONOURABLE
MS. JUSTICE R.M.DOSHIT
and
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 05/04/2010
ORAL
ORDER
(Per
: HONOURABLE MS. JUSTICE R.M.DOSHIT)
This
Application under Section 5 of the Limitation Act is filed by the
State Government, the respondent in the above Special Civil
Application No.1523 of 2009 for condonation of delay of 129 days
occurred in filing the above Misc.Civil Application for review of the
judgment and order dated 13th July 2009 passed in the
above Special Civil Application No.1523 of 2009 by this Court (Coram
: Mohit S.Shah,J, as he then was and K.M.Thaker,J).
The
Application is contested by Mr.Sheth. He has submitted that at
first, the State decided to challenge the above referred order dated
13th July 2009 in the appeal and then to file the
application for review. Thus, the delay has occasioned on account of
indecisiveness and that cannot be said to be sufficient cause.
On
the facts and in the circumstances of the case, we are of the opinion
that the State has explained the delay satisfactorily. The delay is
condoned. Rule is made absolute in terms of paragraph 9(b).
The
applicant-State Government will pay cost of Rs.4000/- to the
opponents-writ petitioners. The receipt for the payment of cost will
be placed on the record of the Misc. Civil Application.
(Ms.R.M.Doshit,J)
(M.D.Shah,J)
pathan
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