GANGABEN JAGJIVAN KHALPADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) WE have heard learned counsel Mr. B.D. Datta appearing for the appellant and Mr. N.J. Shah, learned Assistant Government Pleader appearing for the respondents.

(2.) THE present Letters Patent Appeal has been filed by the appellants ­ original respondents challenging the judgment and order dated 27.8.2010 passed by the learned Single Judge in Special Civil Application No.6652 of 1999. By order dated 14.12.2012 passed by this Court in Civil Application No.7849 of 2012, heirs of deceased Kakubhai Jagjivan Khalpada ­ original respondent No.3, appellant No.3 herein were brought on the record of the appeal as well as Civil Application for stay.

(3.) KAKUBHAI Jagjivan Khalpada ­ original respondent No.3 died on 29.4.2009. Without substituting heirs of deceased Kakubhai by the original petitioner - the State of Gujarat in writ petition being Special Civil Application No.6652 of 1999, the same has been allowed by the learned Single Judge by the impugned judgment and order dated 27.8.2010. Hence, the judgment was passed by the learned Single Judge against the dead person. Therefore, the State Government was under a legal duty to have brought the legal heirs of deceased Kakubhai Jagjivan Khalpada on the record of the writ petition before its final disposal. Therefore, the judgment dated 27.8.2010 passed by the learned Single Judge in Special Civil Application No.6652 of 1999 cannot be maintained. Since we have allowed the substitution application of the heirs of deceased Kakubhai in this appeal, therefore, the learned Single Judge may decide the writ petition afresh after giving an opportunity of hearing to the learned counsel for the parties.