STATE OF GUJARAT Vs. PRAJAPATI MANGAJI THAKORE

JUDGEMENT

(1.) xxx xxx xxx.

(2.) Though the District Court has delivered the judgment on 19th December 1993, the District Government Pleader has applied for a certified copy of the judgment on 15th September 1994, which was supplied to him on 3rd October 1994. Ld. Addl. Government Pleader who filed this application on behalf of the State ought to have known at the time of filing the First Appeal and, in any case at the time of filing the Civil Application that the delay should have been properly explained by filing affidavit of the District Government Pleader. It was for him to explain the delay. Surprisingly the papers were processed without certified copy of the judgment and it is only when the Ld. Government Pleader of the High Court sent a telegram to District Government Pleader of Mehsana to send certified copy of the judgment & award, same was forwarded along with a letter dated 7th October 1994 from the office of the Special Land Acquisition Officer, Ahmedabad.

(3.) Even at the time of filing application there was no affidavit from the District Government Pleader. Yet we gave an opportunity to the Addl. Government Pleader appearing in the matter and at his request we have adjourned the matter to today, and till this date no affidavit is filed. Therefore it appears that the State is not in a position to explain the delay.