JUDGMENT 1. :- One Abdul Samad S/o Shri Nasir Khan, resident of village Bathed, Tehsil Bonli, Distt. Sawai Madhopur was the Khatedar tenant of the land in question situated in khasra No. 1290. During his life time he had sold 2 Bighas 9 Biswas of agricultural land by registered sale deed and copy of which is attached as [Annex. 1]. The effect of the sale-deed was also entered in the revenue record. The said Abdul Samad himself, was the purchaser of the khatedari right of one Moolchand Mahajan son of Harbax, resident of the same village. This Moolchand had died issueless and therefore, escheat proceedings were initiated in regard to the property owned by Moolchand under the Rajasthan Escheats Regulation Act, 1956. Vide order dated 24.10.1963, the SDO had given a finding that the property is not an escheat property. The copy of such order is attached as (Annexure-2). As a consequence of which the said Abdul Samad, continued to cultivate the aforesaid land in question. The mutation was also entered in the name of Abdul Samad on 1.7.1971, vide (Annexure-5). He remained in possession throughout. A part of the land was sold to the petitioner on 6.6.1977. The mutation was also entered in the name of the petitioner vide (Annexure-8). 2. Vide (Annexure-9), without any notice to the petitioner, the Naib Tehsildar, has passed an order declaring an area of one bigha nine biswas in possession of the petitioner to be the escheat property by reopening the matter of Shri Moolchand Mahajan, which is dear from the order (Annexure-9). It has been ordered vide (Annexure-9) that the property be taken in possession from the petitioner. 3. Being aggrieved with the said order, the petitioner has filed this writ petition. 4. Notice was issued to the respondents. Reply has been filed on behalf of the State. It is admitted in the written statement that Abdul Samad, was being recorded as a khatedar of the land. It is also admitted that after the death of Moolchand Mahajan, the tenancy right was also conferred on Abdul Samad in terms of the Rajasthan Tenancy Act. It is also stated in the written statement that on 2.11.1978, the learned Distt. Judge, Sawai Madhopur, had determined that Moolchand Mahajan, had died issueless and therefore, whole of his property had been declared as escheat property. 5. It is also stated in the written statement that on 2.11.1978, the learned Distt. Judge, Sawai Madhopur, had determined that Moolchand Mahajan, had died issueless and therefore, whole of his property had been declared as escheat property. 5. Learned Counsel for the petitioner states that the petitioner was never informed by any order passed by the Distt. Judge, but in any case, the said land which is in possession of the petitioner measuring one bigha and nine biswas situated in khasra No. 1290 is concerned, he had already purchased it from the recorded khatedar tenant in the year 1977 and as such any order passed at the back of the petitioner is nullity and is of no consequence. The petitioner was a bonafide purchaser for the valid consideration from a recorded khatedar tenant. It is not stated in the written statement that any notice was ever issued to the petitioner before passing any order in November, 1978 for the land which included the small holding of the petitioner as well. 6. In view of the facts stated above, I am of the opinion, that so far as the land in possession and purchased by the petitioner was concerned, he had purchased it bona fidely from the recorded khatedar tenant as specially when no notice was issued to him and therefore, no order adverse to him could be passed without giving any opportunity of hearing. 7. Consequently, the writ petition is allowed. The impugned order (Annexure-9) relating to the land of the petitioner measuring one bigha and nine biswas situated in khasra No. 1290, cannot be sustained in the eyes of law and is quashed and set-aside.Petition Dismissed *******