JAGDISH Vs. MADAN LAL

JUDGEMENT

(1.) THIS is an appeal against an order of Collector, Tonk, dated, 22. 2. 1954 in a case under the Escheat of Property Act, 1945.

(2.) WE have heard the parties and have gone through the record as well. In view of the order that we are making in the case we refrain from expressing any opinion upon the merits at this stage. Suffice to observe that the learned Collector has failed to comply with mandatory provisions of sec. 14 of the Jaipur Escheat of Property Act, 1945, According to these provisions the Collector (the Deputy Commissioner) should have summoned the parties and should have passed his order only after hearing the parties in case they appeared. In the present case it appears that the learned Collector without applying his mind at all to the facts of the case and without caring to fix a date for hearing the parties disposed of the case with the observation that the recommendation made by the S. D. O. Malpura be approved. This is not a compliance with requirements of law on the subject. WE would, therefore, allow this appeal, set aside the order of the Collector, Tonk, and remand the case back to him With the direction that the case be heard and decided afresh in accordance with law. .