Gujarat High Court: In a special civil application against the order of the Gujarat Revenue Tribunal, Ahmedabad wherein the delay of approximately 22 years and 8 months in challenging the order passed by the Deputy Collector was condoned, Nikhil S. Kariel, J. found the reasoning which weighed with the Tribunal’s decision was not sufficient cause for condoning the delay. Hence, the order required interference on the ground that it was almost akin to a non-speaking order.
The Deputy Collector’s order was challenged by the State through the Mamlatdar, Kodinar before the Tribunal along with an application for condoning delay in preferring the revision application. The same application came to be allowed.
On perusing the order passed by the Tribunal, the Court noted that no sufficient reasons for condoning the delay of more than 22 years were given out. The Court also pointed out that vague and ambiguous reasonings were made in the order. The Court also noted that it was mentioned that whenever the Government for public purpose bifurcates districts, a complex situation arises and on account of the same sometimes issues like the present, escape the notice of the Government authorities therefore, good cause for condoning delay of more than 22 years was made out. The Court said that such reasoning was completely unsustainable.
The Court stated that in view of the long delay it was necessary and expected of the revision applicant- State to have made out a good cause for condonation of delay whereas the same was required to be considered by the Tribunal in accordance with law and in accordance with the law down by the Supreme Court. The Court clarified that while the State, considering that it is impersonal machinery, was not required to explain delay on a day-to-day basis but there has to be some reasonable grounds made out for condonation of such a huge delay of more than 22 years. Hence, terming the impugned order as ‘non-speaking’, the Court set aside the impugned decision.
The Court directed the Tribunal to revive the revision application along with the application for condonation of delay and to decide the same within a period of 45 days from the date when the order of this Court is presented before the Tribunal.
The Court also directed the Tribunal to decide the application for condonation of delay, after considering the appropriate provisions of law as well as the law laid down by the Supreme Court and pass a speaking order.
[Legal Heirs of Deceased Jamalsha Ibramsha Rafai v. Gujarat Revenue Tribunal, R/SPECIAL CIVIL APPLICATION NO. 11749 of 2024, decided on: 25-11-2024]
Advocates who appeared in this case :
For the petitioner: Advocate Vishvesh R. Acharya
For the respondent: Assistant Government Pleader JK Shah
The post appeared first on .