JUDGMENT 1. - Heard the learned counsel for the parties.By the impugned notice Annex. 10, Raju Ram S/o Balu Ram was called upon to remain present personally before the Additional Collector, Jodhpur in reference proceedings. The said notice was returned with an endorsement that the person has gone out and his wife refused to accept the notice, therefore, it was affixed on the conspicuous part of his house. Raju Ram died on 24.7.94. The death certificate of the same is also on the record of this case. Thus, Raju Ram died much before the issuance of the notice Annex. 10. Thus, the endorsement made on the said notice is obviously wrong that he has gone out and his wife refused to accept the notice. 2. The submission of Mr. C.L. Jain for the respondents was that on the death of Raju Ram, husband of Jashoda Devi, she (Jashoda Devi) was bound to accept the notice which she refused, therefore, it should be treated as good service. This submission of Mr. Jain cannot be accepted for the simple reason that no notice can be issued against a dead person. Such notice was void, therefore, there was no reason of its acceptance by some one else. The notice (Annex 9) was also served against Pukhraj whereby he was asked to remain present before the Board of Revenue on 26.12.96 in reference proceedings No. 15/93. 3. While issuing notice to the respondents on stay petition, this Court passed an order on 8.8 97 and stayed further proceedings in the matter, therefore, the proceedings have not proceeded further at all. 4. Under the circumstances, the proceedings cannot be allowed to go on against the petitioner no. 1 Jashoda Devi widow of Raju Ram. 5. In view of the above, the Additional Collector, Jodhpur will have to issue fresh notice to all the present petitioners and after hearing them only, he may make a reference to the Board of Revenue, if he is satisfied. 6. In view of the above discussion, this petition is allowed. The reference made by the Additional Collector, Jodhpur before the Board of Revenue and the proceedings pending before the Board of Revenue are hereby quashed and set-aside. However, it is made clear that the Additional Collector, Jodhpur may proceed further against the petitioners after issuing.Writ Petition allowed. *******