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Judgment
This writ petition has been filed under Article 226 of the Constitution of India for quashing the final order of assessment dated 08.08.2008 passed by respondent no.3 assessing the liability of pilferage of electricity.
Learned counsel appearing on behalf of the petitioner submits that the proprietor of M/s Bihar Structural Engineering has left for his heavenly abode. He next submits that he has taken instruction from the legal heirs/ successors of the proprietor of the said proprietorship-firm and they have informed him that they have not inherited the said firm and they are not willing to pursue this writ petition. He submits in view of that this matter may kindly be disposed of as there can be no order against a dead person.
Mr. Aman Shekhar, the learned A.C. to Mr. Mrinal Kanti Roy, the learned counsel for respondent JUVNL submits that if that is the situation, this Court may pass appropriate order.
Mr. Navin Kumar, the learned counsel appearing on behalf of the respondent no.5/ Jharkhand State Electricity Regulatory Commission [JSERC] also submits that no order can be passed against a dead person.
In view of above submission of the learned counsels appearing on behalf of the parties, this writ petition is dismissed.
Pending petition, if any, also stands disclosed of, accordingly.