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Rajasthan High Court · body

2005 DIGILAW 2953 (RAJ)

Harbans Lal v. Om Prakash Meshwari

2005-11-11

SHIV KUMAR SHARMA

body2005
Judgment 1. The writ petition was filed by the appellant seeking quashing of the orders dated 22.08.1988 (Annexure-6) and 11.01.1991 (Annexure-8). In the order dated 22.08.1988 learned District Judge Sawai Madhopur proceeded ex parte and held that land in question left by Smt. Soni (died without any heir) ought to have been declared as State land. When the appellants came to know about ex parte order, they submitted an application on 17.07.1989 for setting aside the said order. Learned District Judge vide order dated 11.01.1991 dismissed the application on the ground that there was no legal provision to entertain the application for setting aside escheat proceedings. The appellants challenged the order of learned District Judge by filing writ petition that was dismissed on 30.09.1996. Against this order of learned Single Judge that the instant special appeal has been filed. 2. It appears that learned Single Judge misread the Hindi word “RAJGAMI” (Escheat) as “RAJINAMA” (Compromise) and observed in the impugned order thus:-“The petitioner has challenged the order dated 11.01.1991 of the District Judge Sawai Madhopur wherein application was moved that the order of compromise in respect of the property may be quashed.” The appellants never moved application for quashing compromise in respect of property in question. In the Escheat proceedings question of compromise never arose. The matter under these circumstances requires fresh consideration. 3. Consequently the appeal is allowed and the impugned order dated 30.09.1996 is set aside. The case is remitted to learned Single Judge with the request to decide the writ petition afresh after hearing the parties on merits. There shall be no order as to costs.