PRAMOD KUMAR DROLIA Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The interlocutory application has been filed by the applicant Pramod Kumar Drolia stating that the sole petitioner, Sri Parmeshwar Lal Drolia, had died on 9.1.2013 and the applicant is his eldest son. It is further stated that the sole petitioner had left behind four sons and four daughters, out of whom, three of the daughters are married and one is a widow. The names of the other heirs of the deceased sole petitioner have been brought on the record by way of a supplementary affidavit as stated in para. 4 therein. It is further stand of the applicant that he being the eldest son is looking after the maintenance of the house property at Lakhisarai in which the electric meter and electric connection in question was installed. It is further submitted that the other heirs of the sole writ petitioner are staying in different places outside Lakhisarai and they are not taking any interest for their substitution as writ petitioners. Therefore, a prayer has been made that the applicant may be substituted in place of the deceased sole petitioner. Learned counsel for the applicant further submits that the matter relates to question of liability which has arisen on the final assessment order dated 30.3.2011 passed by the Assistant Electrical Engineer-cum-Assessing Officer, Electric Supply Sub-Division, Lakhisarai and thus there is no adverse interest of any of the heirs involved in the matter and it is not a benefit that the petitioner had sought in the writ petition rather it is a matter of liability and therefore the applicant may be permitted to be substituted in place of the sole petitioner for pursuing the matter.

(2.) Learned counsel for the respondent-Electricity Board has no objection to the substitution of the applicant in place of the deceased sole petitioner.

(3.) On a consideration of the aforesaid facts and circumstances, I.A. No. 7357 of 2013 is allowed and it is directed that the name of the sole petitioner, Parmeshwar Lal Drolia shall be deleted and in his place the applicant Pramod Kumar Drolia shall be substituted.