BHIKHAJI NANAJI THAKORE Vs. GUJARAT ELECTRICITY BOARD

JUDGEMENT

(1.) INITIALLY this petition was disposed of by order dated 20. 5. 2002 by the Learned Single Judge (Coram : D. P. Buch,j. ). Subsequently however on behalf of Gujarat Electricity Board, it was pointed out that though petition was filed by power of attorney holder Bhikaji Nanji Thakore of the petitioner, who on the date of filing of the petition had expired. In Misc. Civil Application No. 1008/2002, therefore, Learned Single Judge (Coram : D. P. Buch,j.), recalled the order passed in the petition and left it open to the legal representatives of the deceased petitioner to file appropriate petition, if they are so entitled. Simultaneously, notice was issued on the power of attorney holder. In the said Misc. Civil Application on behalf of power of attorney, affidavit dated 24. 11. 2005 was filed in which it is stated inter-alia that he is not highly educated and he is residing in rural area. He is not aware about the provisions of law and effect of death of a person granting power of attorney. He was not aware that such power of attorney could not be used for filing petition.

(2.) CONSIDERING the above aspects of the matter, more particularly, when the Court has already recalled the order passed in favour of the petitioner, considering the passage of time and explanation rendered by power of attorney holder, these proceedings are closed in Special Civil Application No. 278/2002 and same stands disposed of accordingly. Rule is discharged.