(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. The applicant State has sought condonation of delay of 608 days in preferring the appeal on the basis of material averments as under.
"2.
The applicants states and submits that the copy of the oral order dated 16.02.2009 was received by the office of the applicant on 16.3.2009. On 21.07.2010, photo copy of certified copy was sent through the main office which was received by the sub office on 31.07.2010. As per law rule, 131, requested was made for receiving opinion of the Government Pleader, High Court of Gujarat, Ahmedabad. Personally, visit was offered on 02.08.2010 by the officer of this to Gujarat, High Court, Ahmedabad. AS there was no response from the office of the Government Pleaders, a reminder was sent on 08.09.2010 was received by this office on 15.11.2010. AS per law officer Rules, 132, original certified copy is to be attached and hence, a communication was initiated on 20.11.2010 from Section Officer, High Court of Gujarat, Ahmedabad and same was received on 06.12.2010 by this office. A report under Law Officers Rules, 132 was presented on 10.12.2010, to Irrigation and Maintenance Department, Rajkot. The same was sent to the office of the Irrigation Circle, Rajkot vide communication dated 15.03.2011 and in turn was sent to Narmada Water Supply Water Resources and Kalpsar Department, Gandhinagar on 17.03.2011. On 25.04.2011, decision was taken by the Legal Department to file Letters Patent Appeal. On 11.05.2011, Narmada Water Resources Water Supply and Kalpsar Department, Gandhinagar above order to file Letters Patent Appeal. The Superintending Engineer, Rajkot, Irrigation Circle vide letter dated 25.05.2011 informed the same to Executive Engineer. The same was received by the Executive Engineer on 01.07.2011 because it was routed through Executive Engineer, Irrigation and Maintenance Department, Rajkot.
3. The applicant states and submits that as the concerned Assistant Government Pleader was informed after gap of almost two weeks on and after 19.07.2010, at the earliest Civil Application for condonation of delay i.e. this Civil Application was dictated on 22.07.2011."
2. In view of the recent observations of the Honourable Supreme Court in Post Master General and others Vs. Living Media India Limited and another [(2012) 3 SCC 563] explanation for delay tendered in the application practically in the form of list of dates and events could not be considered to be satisfactory. Besides that the order dated 12.7.2010 of learned Single Judge from which the appeal is sought to be preferred is not maintainable in view of the recent decision of the Division Bench of this Court in Gustadji Dhanjisha Buhariwala and another Vs. Nevil Bamansha Buhariwala and others, [2011 (2) GLH 147]. Therefore, the application is summarily dismissed.
(D.H.Waghela,J) (Mohinder Pal,J) pathan Top