PATEL KANTIBHAI HARGOVINDBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner No. 1 - Patel Kantibhai Hargovindbhai alongwith two other petitioners filed this petition invoking extraordinary, plenary, discretionary, equitable and constitutional writ remedy under Article 226 of the Constitution of India seeking direction to the respondent authorities to issue notification u/S. 48 of the Land Acquisition Act, 1894 (Act) and other consequential reliefs. On 24/5/2001 on behalf of the petitioners one Bhupendra Bhagwanbhai Patel filed the affidavit stating that he is the power of attorney holder, of the petitioners and he is conversant with the facts and circumstances of the case and competent person to depose. Affidavit is, also, sworn before a Notary on 24/5/2001, which is, below the Writ petition. The petition is signed by the learned advocate Mr. Bharat S. Patel on the same day for the petitioners.

(2.) When this matter came up for admission on 25/5/2001 and since it was filed during the period of vacation, the learned Vacation Judge was pleased to pass the following order

(3.) On the next date, after reopening of the summer vacation, this petition came up for further hearing before regular Division Bench like before us. In course of the hearing of the petition, under instructions from the officer concerned, who was present in the Court, the Ld. A.G.P. Mr. Patel drew the attention of the Court that the so called original petitioner No. 1 - Patel Kantibhai Hargovindbhai was already dead. It was stated that he died, on 14/10/2000, and accardingly a public intimation for after death ceremony to be performed an 18/10/2000 came to be published in daily Gujarati newspaper Sandesh, Vadodara edition dated 16/10/ 2000, which was placed on record. That is the reason why the Ld. Advocate Mr. Patel appearing for the petitioners was requested to verify, ascertain and state before the Court about the said plea. The Ld. Advocate for the petitioners Mr. Patel after consultation with the power of attorney holder, who was present in the Court,, declared at the bar before us that the petitioner No. 1 had already died and the power of attorney holder one Mr. Bhupendra Bhagwanbhai Patel knew about the factum of death of petitioner No. 1. He further submitted that the power of attorney holder did not think it proper to disclose. He also further stated that the power of attorney holder did not think it proper even to disclose it to his advocate. The petitioner No. 2 was in the United States at the relevant time and the petition was filed. The copy of the power of attorney was, therefore, directed to be produced in the Court's proceedings, which indicated that it was executed by petitioners Nos. 1 and 2 on 27/7/1999 before the Executive Magistrate in Baroda in Gujarat. Despite that the Ld. Advocate Mr. Patel for the petitioners desired shor adjournment to verify further particulars, reluctantly therefore adjournment was granted. We have passed a detailed order in this connection highlighting as to what had transpired in the Court on 13-6-2001. By virture of our order dated 13-6-2001, the matter was posted on 15-6-2001.