Gujarat High Court
Sushilaben W/F Late Pravinkumar ... vs The State Of Gujarat on 29 June, 2018
Author: K.M.Thaker
Bench: K.M.Thaker
C/SCA/17930/2006 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 17930 of 2006
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SUSHILABEN W/F LATE PRAVINKUMAR KANTILAL PARMAR
Versus
THE STATE OF GUJARAT
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Appearance:
MR MRUGEN K PUROHIT(1224) for the PETITIONER(s) No. 1
MR DEEPAK ALORIA AGP (1) for the RESPONDENT(s) No. 1
RULE SERVED(64) for the RESPONDENT(s) No. 1,2,3
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CORAM: HONOURABLE MR.JUSTICE K.M.THAKER
Date : 29/06/2018
ORAL ORDER
Today, on 29.6.2018, learned AGP has submitted on record an affidavit made on 23.7.2007. After 11 years, learned AGP submits the affidavit on record.
2. It is really surprising that the respondent - learned AGP did not get time to place on record the affidavit made by the Dy. Collector way back in July 2007 and for 11 years, learned AGP retained the affidavit in the file of Government Pleaders' Office.
3. Ordinarily, the Court would not have accepted the affidavit after such delay, however, with the hope that the details mentioned in the affidavit will help to understand the ground on which the petitioner's claim is not entertained, the Page 1 Downloaded on : Fri Jan 10 03:20:07 IST 2020 C/SCA/17930/2006 ORDER affidavit is accepted on record.
4. However, it is expected that learned Government Pleader will take into account this aspect and issue necessary instructions and take necessary steps to ensure that the replies are not delayed because in various cases the proceedings remain pending and get adjourned at the request of the State to file affidavit.
5. The details mentioned in the affidavit do not offer satisfactory explanation for rejecting the petitioner's claim. Further, the reply does not deal with the specific assertions by the petitioner.
6. Therefore, following order is passed:-
[a] The Resident Dy. Collector, Gandhinagar and the Dy. Secretary, Road & Building Department, will remain present in the Court with relevant record on 9.7.2018 at 2:30 p.m. [b] Said officers should bring all relevant record with them so different issues which arise in light of the claim of the petitioner and stand of the respondent may be clarified and further adjournment may not become necessary.
S.O. to 9.7.2018.
Page 2 Downloaded on : Fri Jan 10 03:20:07 IST 2020 C/SCA/17930/2006 ORDER Learned AGP shall convey this Order to the concerned officers.
(K.M.THAKER, J) KAUSHIK D. CHAUHAN Page 3 Downloaded on : Fri Jan 10 03:20:07 IST 2020