This writ petition was filed in the name of Smt. Nargis Devi through the power of attorney holder. Yesterday, we had called upon the petitioner to disclose the fact about Smt. Nargis Devi as whether she is alive or not. Today, it has been stated in the affidavit filed in support of the impleadment application that Nargis Devi is dead. There is another averment made that she died issue-less and further that the deponent made several efforts to know about Nargis Devi but no information was received, and therefore, he has assumed that she has died. Such an affidavit cannot be accepted, unless the petitioner who holds a power of attorney comes up with any concrete material to that effect. The power of attorney ceases with the death of the person. The impleadment application has been filed by one Sri Suneet Kumar claiming that he had an agreement to sale from the petitioner. A copy of the same has been filed along with the same. It indicates that the agreement was with possession. An agreement to sale does not confer any title nor does it infuse a better status as against the original owner. The affidavit has been filed by Mr. Dinesh Kumar who had filed the writ petition has power of attorney holder of Nargis Devi. He has clearly stated that on such information about the death he made enquiries and he came to know of the agreement to sale in favour of the applicant, and therefore, the applicant be impleaded as a petitioner. This application is absolutely incomplete, misconceived and without any basis inasmuch as, firstly, the applicant by virtue of the agreement to sale does not have any right and secondly, it is only the legal heir of late Nargis Devi who can now proceed with the writ petition. Neither the power of attorney holder nor the applicant can claim any right to pursue this writ petition.
