Gujarat High Court
MCA/2910/2025 of THE DY. COLLECTOR, LAND ACQUISITION Vs BAMNIYA AJMELBHAI RATNABHAI (SINCE DECEASED THROUGH LEGAL HEIRS) on 8 December 2025
08/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5892 of 2025 In R/MISC. CIVIL APPLICATION NO. 2910 of 2025 With R/MISC. CIVIL APPLICATION NO. 2910 of 2025 In F/FIRST APPEAL NO. 14 of 2018
C/CA/5892/2025 ORDER DATED: 08/12/2025
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5892 of
In R/MISC. CIVIL APPLICATION NO. 2910 of 2025
With
R/MISC. CIVIL APPLICATION NO. 2910 of 2025
In
F/FIRST APPEAL NO. 14 of 2018
================================================================
THE DY. COLLECTOR, LAND ACQUISITION
Versus
BAMNIYA AJMELBHAI RATNABHAI (SINCE DECEASED THROUGH
LEGAL HEIRS)
================================================================
Appearance:
MR. SHIVAM DIXIT, AGP, for the Applicant(s) No. 1
===============================================================
CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 08/12/2025
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. The Civil Application is led for condoning the delay in ling Misc. Civil Application for restoration. The Misc. Civil Application was led in view of the dismissal of the First Appeal and Civil Application for condoning the delay vide order dated 29.04.2022 and the delay occurred are 1282 days in preferring such Misc. Civil Application.
2. When the matter is taken up, attention is drawn to order dated 08.10.2024, wherein by the order of the Additional Registrar (Judicial), the cause-title of the Civil Application for bringing legal heirs on record as well as First Appeal came to be allowed in view of the fact that the State had preferred an application to amend the cause-title of the award as the claimant-Bamaniya Ajmelbhai
C/CA/5892/2025 ORDER DATED: 08/12/2025 Ratnabhai had predeceased the passing of the award.
3. It appears that such an application preferred before the Reference Court was allowed by an order dated 29.09.2023. Based on this, the Additional Registrar (Judicial) has permitted the amendment of the cause-title of the First Appeal. In view of the aforesaid development, application for restoration of the First Appeal will have to be allowed as order dated 29.04.2022 for dismissing the appeal for want of legal heirs of deceased claimant is now being rectied and allowed by the order of Additional Registrar (Judicial).
4. In that view of the matter, condonation of delay application at the stage of ling is hereby allowed and so also the application for restoration. Accordingly, First Appeal (F) No.14 of 2018 alongwith the Civil Application are ordered to be listed on 23.12.2025. The aforesaid order is passed to overcome the administrative di2iculty that the claimant may face as his claim is a subject matter of appeal preferred by the State. (A.Y. KOGJE, J) (J. L. ODEDRA, J) SIDDHARTH
Original copy of this order has been signed by the Hon'ble Judges. Digitally signed by: SIDDHARTH R DAVE(HC01065), Private Secretary, at High Court of Gujarat on 10/12/2025 17:44:08