GAJ SINGH ALSISAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD Mr. R.K. Agarwal, learned Senior Advocate assisted by Mr. Sandeep Pathak, Advocate for the appellant. By the instant appeal, the impugned judgment and order dt. 23.11.2012 passed in S.B. Civil Writ Petition No. 14420/2012 filed by the appellant herein, has been challenged. Having regard to the issues raised, we consider it inessential to issue formal notice.

(2.) THE facts, in brief, to be recorded for the purpose of decision of this appeal, are that the appellant claims himself to be an agnate of Late Raja Sardar Singh who had died issueless on 28.1.1987. The appellant has also claimed to be his only legal heir. While the matter rested at that, as the record discloses, an application was filed by one Dwarka Prasad Pareek before the Tehsildar, Jaipur contending therein that the property of the above -named deceased located in Jaipur, Delhi and Jhunjhunu district, had been rendered as escheat as he died issueless and that the same is being encroached upon appropriated illegally.

(3.) THE learned Single Judge by the impugned judgment and order declined to interfere, amongst others, on the ground that the proposed adjudication involved contentious questions of fact, and instead observed that the appropriate remedy for the appellant would be to approach the Tehsildar, and thereafter, if needed, to institute a civil suit.