SHIVRAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition the petitioner who claims succession to a fagir in the former alvvar State whose last holder expired in 1916, questions the validity of an order of the Rajpramukh of the former United State of Matsya dated 25-4-1949, by which the Rajpramukh ordered that the jagir has escheated to the State. He further challenges the orders disposing of his representations. The petitioner has also prayed that a direc- tion be issued to the State Government to recognise the petitioner as successor of the jagir of Thikana Khora in accordance with Rule 14 of the Alwar State Jagir Rules and an consequence the State be commanded to restore the properties of the aforesaid jagir as also the income thereof to the petitioner.

(2.) THE order of the Rajpramukh which is impugned has been quoted in para No. 8 of the writ petition and it runs as follows:

(3.) I have heard learned counsel for the petitioner at sufficient length. He contends that this order of the Rajpramukh of the former Matsya Union was bad, because according to Rule 29 (d) of the Alwar State Jagir Rules hereinafter to be referred as the "rules" the Government alone could have passed such an order. It is further contended that this order of the Rajpramukh was also bad for the reason that according to Rule 29{d) the enquiry contemplated by the Hakim had not been completed nor were the papers submitted to the Government. The learned counsel maintains that the Rajpra- mukh could not have passed any orders without the conclusion of the enquiry more so for the reason that the Maharaja of Alwar whose opinion invited by the Rajpramukh had opined that there was no justification for resuming the jagir and that is why according to the minute recorded by the maharaj of Alwar the matter remained pending for a long period. It was next urged by learned counsel that the petitioner had made representations to the rajpramukh, but he did not know how they were disposed of. The petitioner submits that since 1955, fresh representations had been submitted to the government of Rajasthan and some letters were issued by the Government to the petitioner in that connection saying that the matter was receiving consideration, but that all proved to be of no help and consequently the petitioner has to file the present writ petition.