(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1. We have heard Mr.Jayrajsinh Jadeja holding brief of Mr.Maulik Shah appearing for the appellant and Mr.Rajesh P.Mankad, learned counsel appearing for the respondent.
2. This Letters Patent Appeal has been filed challenging the order dated 26.7.2011 passed by the learned Single Judge in Special Civil Application No.8703 of 2011 by which the writ petition has been dismissed on the ground of delay. A copy of the writ petition has been filed alongwith this Letters Patent Appeal and there is not a whisper in the writ petition that why the delay has been caused in filing the writ petition after about a delay of six months from the date of the award. No explanation has been given at all in the writ petition and it appears that when the learned Single Judge has asked the petitioner as to what is the explanation of delay, the learned counsel stated when the learned counsel approached him, he filed the writ petition. Since there is no explanation in the writ petition, the learned Single Judge had no option but to dismiss the writ petition on the ground of delay.
3. We are in agreement with the view taken by the learned Single Judge that in absence of explanation for delay in filing the writ petition, the writ petition has been rightly dismissed.
4. For the aforesaid reasons, we do not find any merits in this Appeal. This Appeal is accordingly dismissed. Civil Application does not survive.
(V.M.SAHAI,J) (G.B.SHAH,J) ***vcdarji