BIRDHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal under the Rajasthan Escheats Regulation Act, 1956 (hereinafter referred to as the Act) against the order of the Additional Collector, Jaipur dated 22nd August, 1961 whereby the property of one Ram Kalyan deceased was held liable to be escheated. The learned counsel for the appellant has stated that before passing the impugned order it was obligatory for the learned Additional Collector to issue a proclamation in all the modes set out in clause (i), (ii), (iii) and (iv) of sub-sec. (2) of sec. 6 of the aforesaid Act. According to the record all' that was done was to issue a proclamation in the official gazette, though a copy of the Notification has not; been put up on the record. It is clear that clauses (i), (ii), (iii) and (iv) of sub-sec. (2) of sec. 6 are of additive in nature and all of these must be complied with before an enquiry under Sec. 6 can be held to be valid. In the present case the proclamation has not been issued in all the modes prescribed. Therefore, the enquiry conducted by the learned Additional Collector was not valid. We, therefore, accept this appeal, set aside the impugned order of the Additional Collector and remand the case to him with the direction that he should hold a fresh enquiry after complying with the provisions of sec. 6 (2) of the Act. .