Ravi S. Dhavan, J. - (1.) THERE are two writ petitions which are pending. The first petitioner is common to both the writ petitions. One has been filed against the Union of India and the other against the State of U. P. One writ petition has been pending at the High Court for the last 16 years. This writ petition is numbered as Writ Petition No. 4599 of 1980 : Retired Lt. Col. A. M. L. Price, M. B. E., 'Kelspring House', Ayasgarth, Layburon, North York's. D. L. 83, A. J. England, filed through his counsel one Raghubar Dayal Mittal, Advocate of Meerut through Mr. Harold Sarkies, 74, Boundary Road, Meerut, the executor of the registered will dated 12th April, 1979, executed by J. A. W. Price v. Union of India. The petitioner J. A. W. Price, deceased, was the brother of the petitioner No. 1. The other is Writ Petition No. 9354 of 1985 : Lt. Col. A. M. L. Price (shown as residing in England) through power of attorney holder Arshad Riaz Khan and H. A. Sarkies, the executor of the will of late J. A W. Price v. State of U. P. and others. In the second petition, Harold Sarkies, petitioner No. 2 in the first petition, has not been made party. The array of parties of the second writ petition on the format itself discloses that Harold Sarkies as an executor of the assets of J. A. W. Price is supposed to have issued a power-of-attorney to Arshad Riaz Khan who has arranged the filing of this second writ petition.
(2.) WHILE the Court does not know what may have happened to Harold Sarkies, the executor, aforesaid, but an application filed on 13 March, 1996 discloses that Lt. Col. A. M. L. Price, residing in England, has died. Substitution, in effect, has been prayed by the person who holds the power-of-attorney, i.e., Arshad Riaz Khan. Now, the aforesaid, Arshad Riaz Khan contends that he is acting as an agent of the executor of the assets of Lt. Col. A. M. L. Price. A probate was granted by the High Court in England. The executor of the assets of Lt. Col. A. M. L. Price is indicated as Midland Bank Trust Company Limited. In short, the Court may place on record what the Issues in the two writ petitions are. The writ petition which was filed In 1980. It was brought to the High Court when Lt. Col. A. M. L. Price was alive. The Union of India, in reference to grants made of cantonment lands, has resumed the grant so made to the predecessor-ln-lnterest of Lt. Col. A. M. L. Price. The grant had lapsed by efflux of time. These are grants of military land managed by the Cantonment Board under the Cantonments Act, 1925. While resuming the grant, it was indicated to the holders of the grant that the Government of India was prepared to offer them a sum of Rs. 86,100 as the value of the authorised structures standing on the Site B. No. 56-57, corresponding to G. L. R. (Government Law Register), Survey No. 221, Meerut Cantonment, measuring 2.479 acres. This has otherwise been described as the Royal Hotel, Meerut. The notice to quit and deliver possession and the offer for the authorised structures at Rs. 86,100, is contained in a communication dated 17th April, 1980, No. 701/337/R&L /L&C/79/9822/D (Lands), Government of India, Ministry of Defence, New Delhi. This communication is appended as Annexure 17 to the writ petition. Another communication of the same date announces to Lt. Col. A. M. L. Price that the property, aforesaid, will be assumed on the consideration indicated at 10.00 hours on 25th May, 1980. These two communications or the action of the Government of India are impugned by a certiorari in Writ Petition No. 4599 of 1980. In the second writ petition, a communication from the District Magistrate and Collector, Meerut, dated 21st July, 1985 intimated Lt. Col. A. M. L. Price that the property in question has, In effect, escheated to the State and a receiver has been appointed for it. This action of the District Magistrate and Collector, Meerut, is challenged In Writ Petition No. 9354 of 1985, which has also been pending for eleven years.
(3.) THIS Court has reservations whether the merits of this writ petition or any Issue, at present, can be debated In view of the fact that Lt. Col. A. M. L. Price who may have filed the writ petition, is now dead. Ostensibly, the petition had been filed by the person who holds the power of attorney. THIS is one Arshad Riaz Khan of Meerut. The status of this person as holding a power of attorney, could not be beyond that of an agent of the principal. The principal was Lt. Col. A. M. L. Price. With his death, the status of the person who holds his power of attorney, disappears. The Writ Petition of 1980 indicates that the property has been assumed by the Government of India with compensation determined for authorised structures. The compensation may yet be available as the nature of the asset of this compensation is 'movables'. If it still lies with the Union of India and is available to these who may be entitled to it, the rightful claimants may apply to receive It. But, before the Court there are no rightful claimants, and there is no submission nor a document on record that these claimants are aware that such a compensation is available and the rightful claimants would like to receive this compensation. After Lt. Col. A. M. L. Price died, on his will a probate was granted by the High Court In England. On the will, executors were appointed. The order of the District Probate Registry at Winchester, of the grant made by the High Court of Justice, indicates that the Midland Bank Trust Company Limited. Probate Operations Department (Account 14006324) Deacon House, 192 Eyre Street Sheffield South Yorkshire is the Executor. This application seeks substitution by deleting the name of the petitioner from the array of parties and further seeks amendment to the writ petition by replacing the name of Lt. Col. A. M. L. Price with that of Midland Bank Trust Company Limited, England, through the power of attorney holder Arshad Riaz Khan, Manager, Royal Hotel, The Mall, Meerut Cantonment. This request cannot be granted by the High Court as easily as it is sought;