- (1.) Heard Sri Rajesh Singh, learned counsel appearing for the applicant Smt. Manjeet Kaur who has applied for recall of the orders dated 20.3.2012 and 15.5.2013 passed by this Court and Sri J. Nagar, Administrator General, U.P. alongwith Sri Arnab Banerji who appears as his counsel. In respect to the estate of late Sardar Jogendra Singh, former Governor of Rajasthan in Testamentary Case No. 3 of 1979, Lucknow Bench of Allahabad High Court vide order dated 4.2.1981 granted Letters of Administration to the Administrator General. The said order is final and conclusive and in pursuance thereof Administrator General is managing the estate of the deceased. The estate of the deceased broadly consisted of some agricultural land, a bungalow at Steelganj, Bahraich, some valuable items contained in a box and certain bank accounts. After about more than 12 years of management of the estate by the Administrator General, it appears that he offered to surrender the above properties in accordance with Section 52 of the Administrators General Act, 1963 (hereinafter for short the 'Act") to the State Government.
(2.) The Principal Secretary vide letter dated 16th June 2001 accepted to take possession only of the undisputed properties and directed the Administrator General to surrender the same to the District Magistrate, Bahraich. Thereafter, the agricultural land which was part of the estate of the deceased was surrendered to the District Magistrate, Bahraich but the other properties remained under the administration of the Administrator General. It also appears from the record that the then Administrator General by means of a power of attorney had authorized one Nairn Khan to manage the properties i.e. the bungalow and in respect of the some open land of the bungalow a lease was granted to one Salim Khan. It is said that Salim Khan by virtue of the said lease deed constructed 8 shops which were let out. Subsequently, power of attorney given to Nairn Khan was cancelled on 5.5.2000 and so was the lease granted to Salim Khan on 23.5.2000. The request of the aforesaid Nairn Khan and Salim Khan to renew the power of attorney or to extend the lease was turned down by the Court in the past.
(3.) The Administrator General in all fairness under the aforesaid facts and circumstances, moved an application under Section 25 of the Act seeking appropriate direction for administration of the above properties. The said application was filed before the Bench at Allahabad independent of the Testamentary Case No. 3 of 1979 and was registered as Testamentary Case No. 37 of 2002.;