Gujarat High Court
Janak Tulsidas Vora vs Senior Dcm on 6 September, 2023
Author: Vaibhavi D. Nanavati
Bench: Vaibhavi D. Nanavati
NEUTRAL CITATION
C/SCA/2949/2015 ORDER DATED: 06/09/2023
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 2949 of 2015
=============================================
JANAK TULSIDAS VORA
Versus
SENIOR DCM
=============================================
Appearance:
MR ATIT D THAKORE(5290) for the Petitioner(s) No. 1
MS ARCHANA U AMIN(2462) for the Respondent(s) No. 1
=============================================
CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 06/09/2023
ORAL ORDER
1. By way of present petition, the petitioner herein has challenged the order/decision dated 01.08.2014 passed by the respondent authority and further prayed to direct the respondent authority to transfer the license bearing buckle No.159 of the petitioner in his nephew's name - Chhotelal Ramprasad in view of the application dated 05.07.2014 preferred by the petitioner. The petitioner herein by amendment dated 05.09.2022 has challenged the Commercial Circular issued by the Railway Board being No.62 of 2009 dated 29.10.2009 and the Board's letter No.85/TG-(ii)/1010/08/ License Badge/Policy dated 09.12.1988.
2. Heard Mr. Atit D. Thakore, learned advocate appearing Page 1 of 3 Downloaded on : Sat Sep 16 16:23:44 IST 2023 NEUTRAL CITATION C/SCA/2949/2015 ORDER DATED: 06/09/2023 undefined for the petitioner and Ms. Archana U. Amin, learned advocate appearing for the respondent.
3. When the matter is taken up for hearing, this Court is informed that the petitioner has expired on 27.11.2019. The death certificate of the petitioner is duly produced at page 50. The petitioner was an unmarried person and in view thereof, the petitioner is not survive by legal heirs. On the aforesaid ground, the petitioner having expired, the cause itself with regard to the prayers as prayed for in the petition would not survive.
4. Mr. Atit D. Thakore, learned advocate appearing for the petitioner, submitted that the application filed by the petitioner be considered by the competent authority on the ground that the petitioner had adopted Chhotelal Ramprasad who is the son of petitioner's sister and therefore, he is entitled to transfer of buckle.
5. While going through the documents which are produced on record, the deed of adoption entered into between the deceased petitioner and Chhotelal Ramprasad, is not valid adoption deed and on that ground, the said application seeking Page 2 of 3 Downloaded on : Sat Sep 16 16:23:44 IST 2023 NEUTRAL CITATION C/SCA/2949/2015 ORDER DATED: 06/09/2023 undefined transfer of buckle came to be rejected by the competent authority. In view thereof, it is a finding of fact which is recorded by the competent authority by the impugned communication dated 25.09.2012. Considering the same, in the opinion of this Court ; firstly, the petitioner having expired and secondly, in absence of valid adoption deed, no interference is called for in the order passed by the competent authority.
6. Considering the fact that the issue-in-question is with regard to the transfer of buckle and the petitioner has expired, it is open for Chhotelal Ramprasad to file an independent application before the competent authority and that, the same be considered by the competent authority in accordance with law.
7. With the aforesaid, the present petition stands disposed of as having become infructuous.
(VAIBHAVI D. NANAVATI,J) NEHA Page 3 of 3 Downloaded on : Sat Sep 16 16:23:44 IST 2023