OM PRAKASH MESHWARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE writ petition was filed by the appellant seeking quashing of the orders dated August 22, 1988 (Annex. 6) and January 11, 1991 (Annex. 8 ). In the order dated August 22, 1988 learned District Judge, Sawai Madhopur proceeded ex parte and held that land in question left by Smt. Soni (died without any heir) ought to have been declared as State land. When the appellants came to know about ex parte order, they submitted an application on July 17, 1989 for setting aside the said order. Learned District Judge vide order dated January 11, 1991 dismissed the application on the ground that there was no proceedings. THE appellants challenged the order of learned District Judge by filing writ petition that was dismissed on September 30, 1996. Against this order of learned Single Judge that the instant special appeal has been filed.

(2.) IT appears that learned Single judge misread the HIndi word "rajgami" (Escheat) as "rajinama" (Compromise) and observed in the impugned order thus: " The petitioner has challenged the order dated 11. 1. 91 of the District Judge Sawai Madhopur wherein application was moved that the order of compromise in respect of the property may be quashed. " The appellants never moved application for quashing compromise in respect of property in question. In the Escheat proceedings question of compromise never arose. The matter under these circumstances requires fresh consideration.