CHHOTE LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition is directed against the order dtd. 10/5/2005 passed by the learned District Judge, Alwar in Civil Miscellaneous Application No.389/2002 whereby, the order dtd. 19/7/2002 passed by the Additional Collector (II), Alwar, District Alwar (for brevity, "the Additional Collector") in Case No.12- 4/25/Rajasthan/Escheats/84 declaring the subject property as "bona vacantia" and liable for escheating it under the Rajasthan Escheats Regulation Act, 1956 (for brevity, "the Act of 1956"), has been affirmed and the property has been 'escheated' dismissing the objection filed by the petitioner.

(2.) The relevant facts in brief are that on an application filed by one Shri. Kshetrapal son of Devkaran stating therein that Ms. Dakha daughter of Nathuram resident of Jakhrana has expired issueless and her property has been encroached upon by Shri. Mahaveer and it is liable to be escheated, the Tehsildar Behror, vide its report dtd. 17/5/1985, found the property to be "bona vacantia". Objections to the report were invited vide public notice dtd. 15/10/1987 whereupon, the petitioner as also Shri. Mahaveer Prasad filed their objections. Rejecting the objections filed by them, the Additional Collector, vide order dtd. 19/7/2002, finding the property to be "bona vacantia" and liable to be escheated, referred the matter under Sec. 6(9)(b) of the Act of 1956 to the District Judge, Alwar for passing appropriate order. The District Judge, Alwar, vide order impugned dtd. 10/5/2005, approved the order dtd. 19/7/2002 and escheated the property to the Government.

(3.) Assailing the order, learned counsel for the petitioner submits that since he has purchased the subject property through an agreement dtd. 11/10/1983 from Shri. Gajadhar, nephew of the deceased-Dakha Devi, the learned Court erred in affirming the order dtd. 19/7/2002 and escheating the property to the Government. He, therefore, prays that the writ petition be allowed and the order dtd. 10/5/2005 be quashed and set aside.