PARMESHWAR PRASHAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this petition, the petitioners who are claiming to be trustees pursuant to the Will of the person, namely; Raja Bahadur Sardar Singh of Khetri (hereinafter referred to as the deceased in the petition).

(2.) It will not be out of place to mention that the testator was the Member of Constitute Assembly of the Constitution of India and he was owning different properties within the State of Rajasthan and in Delhi which are referred in Schedule-'A' which reads as under : Properties of Raja Bahadur Sardar Singh of Khetri

(3.) Immediately on the death of the original owner of the property on 28.01.1987, one of the petitioners informed to the competent authority on 14.02.1987, as referred to the SDO Khetri that Raja Bahadur Sardar Singh has expired on 28.01.1987 at Bombay and had submitted the attested copy of the Will and that death certificate was also forwarded to him. It was also stated that by virtue of the Will, Khetri trust is created and four trustees to whom he has bequeathed all his movable and immovable property which may be noted in the record. However, the proceedings were initiated by the State Government pursuant to the order of one Deputy Secretary on 03.07.1987 (Annexure-16) which reads as under :