STATE OF RAJASTHAN Vs. LORD NORTHBROOK

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises outof the judgment dated 17.11.2016 passed by the High Court of Rajasthan at Jaipur Bench in DB Civil Writ Petition No.2713 of 1987 in and by which the High Court quashed the communications/orders dated 03.07.1987, 22.07.1987 and 03.08.1987 passed by the Deputy Secretary, Revenue, Govt. of Rajasthan, District Collector, Jhunjhunu and Tehsildar, Khetri respectively in the matter of taking over the properties of Sh. Raja Sardar Singh by the State under the Rajasthan Escheats Regulation Act, 1956.

(3.) Sh. Raja Sardar Singh expired on 28.01.1987 intestate and without any legal heirs. Sh. Raja Sardar Singh was a Bar at law from England, a member of the Constituent Assembly, a Rajya Sabha Member and also Ambassador to Laos and a highly educated person. He died on 28.01.1987 as a childless widower and at that time, he was a resident of No.5, Sardar Patel Marg, New Delhi. Sh. Raja Sardar Singh left behind him number of valuable properties such as Khetri House Delhi, Hotel Khetri Jaipur, Kothi Sukh Mahal, Kothi Jai Niwas, Kothi Amar Hall, Nizamat Building, Ajit Niwas Bagh Farm, Record Room, Havili Prohitji Wali, Dera Brijlaji Wala, Farrash Khana Chabutra, Tin Shed Mela Gugaji and Sabka Patwar Ghar, Jhunjhunu and other movable and immovable properties. On 16.02.1987, the Sub-Divisional Officer (SDO), Khetri sent a letter to the District Collector, Jhunjhunu stating that an information has been received that Sh. Raja Sardar Singh expired in Mumbai on 28.01.1987 without any legal heir and that he has executed one Will on 30.10.1985. Sh. Raja Sardar Singh executed a Codicil on 07.11.1985. Based on the Will/Codicil, a trust called "Khetri Trust" was constituted with four Trustees.