MANGAJI VANAJI THAKORE Vs. UNION OF INDIA

JUDGEMENT

(1.) RULE . Learned counsel appearing for the respondents waive service. This application is made by heirs of the original petitioner, mother of the deceased in Special Criminal Application No.1665/93, for bringing themselves on record as legal heirs and representatives of the original petitioner. As stated on oath in the petition, the original petition being Special Criminal Application No.1665/93 was filed, inter alia, claiming compensation of Rupees Five lakhs for custodial death of her son. She has passed away on 09.4.2000 and the applicants herein are her only legal heirs and representatives. The applicants are poor and illiterate, who earn their livelihood by working on daily wages. They were unaware about their duty to inform their advocate about the death of their mother and it was only in September, 2006 when the advocate of the petitioner informed them about the hearing of the petition that they realised the lapses on their part. It is further stated that the death of the original petitioner is not registered before the Registrar of Births and Deaths and hence an official death certificate is not available. It is further stated that there has been delay in filing the present application on account of the aforesaid reasons.

(2.) IT may be pertinent to note here that the learned counsel for the original petitioner had, during the pendency of the petition, been appointed as advocate on the panel of learned advocates for some of the respondents and hence expressed her inability to represent the original petitioner or her heirs. Thereafter, learned advocate Mr A.J. Yagnik has substituted the original advocate and made the present application for carrying out the necessary formalities for prosecuting the original petition.

(3.) LEARNED counsel for the respondents as well as learned APP have not controverted the facts stated on behalf of the petitioner and not filed any affidavit -in -reply and fairly conceded that the main petition pending since the year 1993 was required to be expeditiously heard and disposed on merits after the aforesaid formalities were duly carried out.