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SCA/8865/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8865 of 2011
=========================================================
SAILESHBHAI
DALPATBHAI OAD - Petitioner(s)
Versus
STATE
OF GUAJART THROUGH JOINT SECRETARY & 2 - Respondent(s)
=========================================================
Appearance
:
MS
JOLLY R PARIKH for
Petitioner(s) : 1,
MR JK SHAH, ASST.GOVERNMENT PLEADER for
Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 04/08/2011
ORAL ORDER
1. This
petition, under Article 226 of the Constitution of India, has been
filed challenging the order dated 22.9.2009 passed by respondent
No.2. According to the learned counsel for the petitioner, the appeal
that was filed by the petitioner before respondent No.3 was not
accepted, as it is time-barred.
2. Ms.Jolly
R. Parikh, learned counsel for the petitioner states, that the
petitioner shall file an application for condonation of delay in
filing the appeal, before the Competent Authority, within a period of
one month from today and the Competent Authority may be directed to
consider and decide the same.
3. Upon
the above statement being made by the learned counsel for the
petitioner, the following order is passed :
In
the event that the petitioner files an application for condonation of
delay in filing the appeal before the Competent Authority within a
period of one month from today, the Competent Authority shall
consider and decide the application for condonation of delay, in
accordance with law, and thereafter pass necessary orders upon the
appeal.
The
decision shall be rendered as expeditiously as possible, and
preferably within a period of three months from the date of receipt
of the application.
The
petition is disposed of, in the above terms.
Direct
service of this order is permitted.
(Smt.
Abhilasha Kumari, J.)
~gaurav~
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