- (1.) RAVI S. Dhavan, J. This Court is very firm in its view that it should not seem to be issuing a writ on this petition, because if it does, it will have disastrous consequences in another jurisdiction of the High Court known as the Original Jurisdiction, also known as the Company, Testamentary and Intestate Jurisdiction. If the Court were to issue a writ on this petition, it would cramp the style of the functioning of the Original Jurisdiction and this must never happen.
(2.) THIS writ petition is truly misplaced and it should not nave been filed. The Court also notices that at the time when it was filed the Administrator General Act, 1963. The Administrator General, U. P. , is present in Court and upon verifying from his office, has submitted that notice of this petition was not served on his office prior to the petition being moved or any stage thereafter. THIS implies that an ad interim order was obtained on this petition and this order has been effective for eleven years without the party against whom it was operating not having been served with notice on this petition. THIS petition could not be moved without notice, after all the Administrator General and the Official Trustee partakes the attributes of a State as he is a functionary under an Act of Parliament. The petitioner applies for a writ of certiorari to obtain an order that the ad interim directions of the Court so issued on 14th October 1985 be made absolute. The Administrator General, U. P. , under the Act, aforesaid granted letters of administration to a heir. The letters of administration were granted on 3 October, 1985, Annexure-6 to the writ petition. The contention in the writ petition is that the order of the Administrator General, U. P. , is incorrect and, further, beyond his pecuniary jurisdiction. Thus, a writ of certiorari is sought to quash the order by which letters of administration were granted by the Administrator General on the application of Bipin Kumar Agarwal, respondent No, 2, The petitioner applied to the Administrator General objecting to the grant of letters of administration to Bipin Kumar Agarwal. Broadly, the objections were, to the effect, that the petitioner had a charge on the estate of the deceased, Radhey Shaym Agarwal. The petitioner claimed as a creditor of later Bipin Kumar Agarwal and, thus, on the estate he explained his credit thus: (a) a right to receive a sum of Rs. 15,00-00 per month with effect from 24 October 1975 to 13-11-1980 together with interest at the rate of 2 per cent per month. The amount quantified in his objections was referred to as Rs. 91,000-00 as principal and interest at Rs. 54,600-00. The aggregate standing at Rs. 1,45,600-00; (b) another debt, as a charge assigned in favour of the petitioner being a sum of Rs. 30,000-00 carrying an interest at the rate of 2 per cent per month being half of the valuation of the petitioner's interest in the property known as Ajanta Cinema. The market value of which was given at Rs. 30 lacs; (c) another amount of Rs. 30,000-00 per month with effect from 14 November 1980 to 3 May 1985 standing at Rs. 16,20,000-00; (d) another sum of Rs. 17,65,600-00. Submissions were made that the will left by the deceased was forged. The prayers in the objections before the Administrator General were (a) that the Administrator General may take immediate steps by assuming administration of the estate himself and in the alternative (b) granting a certificate in favour of the petitioner as a creditor. The certificate sought is the letters of administration. Before the Court it is submitted that the Administrator General's pecuniary jurisdiction had been overshot, regard being had to the size of the estate. It is on record by the petitioner himself in paragraph 11 of the writ petition that the application which was filed by Bipin Kumar Agarwal before the Administrator General, while seeking letters of administration, the assets were valued in reference to eight items and were given as below: " (1) Degree in suit No. 317 of 1978 Sri Radheyshyam Agarwal v. Judge Small Causes Court, Allahabad for Rs. 2682. 35 p with uptodate interest and expenses etc. Rs. 2,682. 35 (2 ). Annuity Deposit Certificate SI. No. 01921 dated 21. 3. 72 for Rs. 1600 present balance due is Rs. 200 payable by State Bank of India, Allahabad. Rs. 200. 00 (3 ). Annuity Deposit Certificate No. 019022 dated 21-3-72 for Rs. 1400 At present balance due is Rs. 175 Rs. 175. 00 (4 ). Annuity Deposit Certificate No. 019023 dated 21-3-72 for Rs. 1240. At present balance due is Rs. 155. Payable by State Bank of India Allahabad. Rs. 155. 00 (5 ). Allahabad Bank Allahabad City Savings bank account No. 4407 Rs. 1481. 96 with uptodate interest. Rs. 1481. 96 (6 ). 50 ordinary shares each of Rs. 10 of Hindustan Motors Ltd. Calcutta bearing No. 4485451 to 4485300 Rs. 500. 00 7. 13 ordinary shares each of Rs. 10 of Hindustan Motors Ltd. Calcutta bearing No. 12630369 to 12630381 Rs. 130. 00 8. 16 ordinary shares of Rs. 10 each of Hindustan Motors Ltd. Calcutta bearing No. 9953840 109953855 Rs. 160. 00 Total: Rs. 5484. 31 (With uptodate interest and expenses etc.)"
(3.) THE valuation of the assets disclosed by Bipin Kumar Agarwal was given at Rs. 5484. 31. It is not the contention of the petitioner that the valuation on the assets as given to the Administrator General was incorrect. What the petitioner contends is that if the entire estate were to be taken the contingent liability and valuation of the estate would be beyond the pecuniary jurisdiction of the Administrator General. This is best fortified by the fact that if the valuation as given to the Administrator General is incorrect, then the petitioner would have been applying under Section 33 of the Act to seek revocation of the certificate granted by the Administrator General that letters of administration had been obtained by Bipin Kumar Agarwal by fraud or misrepresentation or, for that matter, the certificate was obtained by means of an untrue allegation, in effect, in ignorance or inadvertently. But, this is not the contention of the petitioner, He did not move an application under Section 33 before the Administrator General seeking revocation of the certificate. THE petitioner avoided this situation. What the petitioner told the Administrator General in his objections is that he has a charge on the estate and, thus, he prayed that he is a himself failing which grant letters of administration to the petitioner. The petitioner's prayer before the Administrator General was not that the latter should step in to take charge of the estate of the deceased on being prima fade satisfied, that the estate in context was without a heir.;