STATE OF RAJASTHAN Vs. BOARD OF REVENUE

JUDGEMENT

(1.) THE State of Rajasthan has filed this writ petition challenging the judgment dated 4-7-1995 passed by the Board of Revenue and has prayed that the judgment dated 8-11-1994 passed by the Collector, Dausa be restored.

(2.) FACTUAL matrix of the case is that one shri Bhura, s/o Shri Kishana Meena resident of village Rugli, District Dausa, khatedar of the lands of Khasra No. 7/1 to 7/24 measuring in all 62 bighas and 5 biswas died. One Raghunath, s/o Ganga sahai resident of village Hingota claimed that he was in cultivatory possession of the land and therefore the same should be recorded in his name. The Tehsildar dismissed his claim vide order dated 26-12-1961 and simultaneously he also passed an order that since Bhura died without leaving any heir and therefore the case be sent to Additional collector, Jaipur for taking necessary steps to get the said property declared as escheat. The Additional Collector passed an order on 30-9-1962 to the effect that Bhura died without leaving any legal heir and therefore the property in question was an escheat property and appropriate application be therefore made to the competent Court. On such application being made under Sections 6 and 9 of the Rajasthan Escheats Regulation Act, 1956 on 9th July, 1996, the learned District Judge passed the order on 20-8-1966 declaring the disputed property as escheat. While this property was declared as escheat on 20-8-1966, Gram Panchayat Joerota khurd sanctioned mutation in favour of Smt. Shara daughter of Bhura on 26-6-1966. She thereafter transferred this land in two parts respectively in favour of respondent No. 2 chandra Bhan and respondent No. 3 Vinod bihari vide registered sale deed dated 1st march, 1968.

(3.) WHILE the State of Rajasthan claims that the respondents approached the Board of Revenue against the order of District judge with enormous delay in the year 1984, the private respondents insist that they were not at all aware about the factum of property being declared escheat under the rajasthan Escheats Regulation Act, 1956 and came to the know about the same in december, 1983 and soon thereafter in 1984. Respondent No. 2 Chandra Bhan filed an application before the Board of Revenue. The Revenue Board vide its judgment dated 12-5-1993 on consideration of the arguments held that entire proceedings declaring the subject property as escheat was vitiated for the reasons that claim of Mst. Shara daughter of late Bhura, was not examined despite noticing the report of tehsildar that Bhura did not die without any heir and directed the Collector to examine the case afresh in the light of that report of the Tehsildar that Bhura's daughter was alive and that the land had already been mutated in her favour prior to the order passed by the District Judge. The Board held that on these facts the land could not have been held as escheat. Before the District Collector also only respondent No. 2 Chandra Bhan contested the matter. The District Collector, however, held that once when the property in dispute has been held to be escheat by order of the Court, the mutation in favour of Mst. Shara could not be attested. The district Collector again held the property in dispute to be escheat. The respondent No. 2 thereafter again approached the Board of revenue by filing an appeal which was allowed by order dated 4th July, 1995. Hence this writ petition.