High CourtsDivision Bench(2022) 11 GUJ CK 0109

Aartiba Laxmansinh Sarviya vs Dy . Collector And Prant Officer, Palitana

Gujarat High Court · Decided on 30 November 2022

HON’BLE JUDGES
Aravind Kumar,CJ · Ashutosh J. Shastri, J
RESULT
Allowed
CASE NUMBER
Civil Application (For Bringing Heirs) No. 1, 2 Of 2021 In R/Letters Patent Appeal No. 21 Of 2022 In R/Special Civil Application No. 18562 Of 2017

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

4 paragraphs · 166 words

Aravind Kumar, CJ

1.

Heard.

2.

There is delay of 1549 days in filing the application to bring legal representatives of deceased appellant No. 6 (original petitioner No. 6). It is stated that said appellant no. 6 had passed away even before filing of Special Civil Application. Infact the writ- applicants seem to have prosecuted their case on behalf of dead person as the State was represented by other writ applicants who are inter-se related, the technicalities when pitted against substantial justice, will have to be ignored and as such keeping in mind the observations made by the Hon’ble Apex Court in the case of Collector Land Acquisition, Anantnag & Anr. Versus Mst. Katiji and others, reported in AIR 1987 SC\ 1353, we condone the delay and permit the legal representatives of deceased appellant no. 6 to be brought on record. Appellants’ counsel to amend the cause title of the appeal memorandum forthwith.

3.

Civil Application Nos. 1 of 2021 and 2 of 2021 allowed accordingly.