Rule.
Mr.Sanjay D.Suthar, learned advocate, waives service of notice of Rule for respondents Nos.1 to 4. As the Gujarat Revenue Tribunal - respondent No.5 is a formal party, notice of Rule is not required to be issued to the said respondent.
This application has been preferred by the applicants (original petitioners) with a prayer to permit the legal heirs of deceased respondent No.1/1, as mentioned in the Memorandum of the application, to be brought on the record of Special Civil Application No.171 of 1991 and to condone the delay of 30 days that has occasioned in filing the application.
It is submitted by the learned advocate for the applicants and also averred in the application that during the pendency of the writ petition, respondent No.1/1 Raval Sankabhai Jesingbhai had died leaving behind the following heirs, as mentioned in paragraph 2 of the application.
1.Raval Amratbhai Sankabhai
2.Raval Prahladbhai Sankabhai
3.Raval Ranjitbhai Sankabhai
4.Raval Vishnubhai Sankabhai
5.Raval Lakhiben Sankabhai It further transpires from the record that the death certificate has been annexed as Annexure "A" to the application which shows that the deceased respondent died on 16-8-2011. It is submitted by the learned advocate for the applicant that the applicants were not aware of the factum of death of the deceased respondent and only came to know regarding the same when the respondents intimated the learned advocate for the applicants about the same by letter dated 6-12-2011 which was received by the learned advocate for the applicants on 14-12-2011 and it is due to this reason that the delay of 30 days has occurred.
As there is no opposition to the prayers made in the application on behalf of the respondents and as the applicants appear to have taken immediate steps for bringing the heirs and legal representatives of the deceased respondent No.1/1 on record, after coming to know of the factum of death, the prayers made in the application deserve to be granted.
Accordingly, the application is allowed. The delay of 30 days occasioned in filing the application, is condoned. The applicants are permitted to be bring the heirs and legal representatives of deceased respondent No.1/1 Raval Sankabhai Jesingbhai, as described in paragraph 2 of the application, on the record of Special Civil Application No.171 of 1991.
The necessary amendment in the cause title of the petition may be carried out, within a period of one week from today.
Rule is made absolute, accordingly.
(Smt.Abhilasha Kumari,J) arg Top