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IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
K.S. Jhaveri, Mahendra Maheshwari, JJ.
Parmeshwar Prashad (since deceased) - Petitioner
Versus
The State of Rajasthan through Chief Secretary - Respondent
D.B. Civil Writ Petition No. 2713 of 1987
Decided On : 17-11-2016
Rajasthan Escheats Regulation Act, 1956 – Constitution of India, 1950 - Article 31(2) –Will - Rented to tenants - Petitioners who are claiming to be trustees pursuant to Will of person of as deceased in petition - It will not be out of place to mention that testator was Member of Constitute Assembly of Constitution of India and he was owning different properties within State of Rajasthan and in Delhi which are referred in - Immediately on death of original owner of property on - One of petitioners informed to competent authority on as referred to SDO that has expired at Bombay and had submitted the attested copy of Will and that death certificate was also forwarded to him - It was also stated that by virtue of Will trust is created and four trustees to whom he has bequeathed all his movable and immovable property which may be noted in record – However proceedings were initiated b State Government pursuant to order - Held, Other contention with regard to applicability of act are of opinion that with regard to subsequent enquiry and enquiry which was required to be done no doubt order is placed on record but we are not examining same in view of two findings referred to above therefore order deserves to be quashed and set aside - Possession which was taken is without authority of law and same is not permissible law - In that view of matter declare that action of State Government is not only arbitrary but contrary to provisions of law and dehorns Constitutional provisions and scheme - In that view of matter writ petition is allowed and orders are quashed and set aside - Writ Petition Allowed
By way of this petition, the petitioners who are claiming to be trustees pursuant to the Will of the person, namely; Raja Bahadur Sardar Singh of Khetri (hereinafter referred to as the deceased in the petition).
2. It will not be out of place to mention that the testator was the Member of Constitute Assembly of the Constitution of India and he was owning different properties within the State of Rajasthan and in Delhi which are referred in Schedule-'A' which reads as under :
Properties of Raja Bahadur Sardar Singh of Khetri
| Properties of Raja Bahadur Sardar Singh of Khetri | |||||
| S. No. | Details of the Property | District | Name of the Village & Township | Approximate Value | Remarks |
| 1 | Khetri House, 5, Sardar Patel Road | Delhi | New Delhi | Rs. 4,00,000.00 | Value accepted by wealth tax office |
| 2 | Hotel Khetri House | Jaipur | Jaipur City | Rs. 4,00,000.00 | 25775 Sq. Yds of land within the house under sale agreement with Hind Cooperative Housing Society. |
| 3 | Kothi Sukh Mahal | Jhunjhunu | Khetri | Rs. 2,00,000.00 | |
| 4 | Kothi Jai Niwas | Jhunjhunu | Khetri | Rs. 2,00,000.00 | |
| 5 | Kothi Amar Hall | Jhunjhunu | Khetri | Rs. 75,000.00 | |
| 6 | Nizamat Tehsil Building | Jhunjhunu | Khetri | Rs. 1,50,000.00 | Sale of the Govt. of Rajasthan negotiated for Rs. 2,64,000/- |
| 7 | Ajit Niwas Bagh Farm | Jhunjhunu | Dhadha | Rs. 2,00,000.00 | Area 95 Kacha Bigha |
| 8 | Record Room | Jhunjhunu | Khetri | Rs. 30,000.00 | |
| 9 | Haveli Prohitji Wali | Jhunjhunu | Khetri | Rs. 25,000.00 | |
| 10 | Dera Brijlalji Wala | Jhunjhunu | Khetri | Rs. 5,000.00 | |
| 11 | Farrash Khana | Jhunjhunu | Khetri | Rs.10000 | |
| 12 | Chabutra inside Town | Jhunjhunu | Khetri | Rs. 500.00 | |
| 13 | Tin-shed Mela Gugaji | Jhunjhunu Mehara | Jatuwas | Rs. 500.00 | |
| 14 | Sabka Patwar Ghar | Jhunjhunu | Papurna | Rs. 500.00 | |
3. Immediately on the death of the original owner of the property on 28.01.1987, one of the petitioners informed to the competent authority on 14.02.1987, as referred to the SDO Khetri that Raja Bahadur Sardar Singh has expired on 28.01.1987 at Bombay and had submitted the attested copy of the Will and that death certificate was also forwarded to him. It was also stated that by virtue of the Will, Khetri trust is created and four trustees to whom he has bequeathed all his movable and immovable property which may be noted in the record. However, the proceedings were initiated by the State Government pursuant to the order of one Deputy Secretary on 03.07.1987 (Annexure-16) which reads as under :
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R.A.
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4. It can be gathered from the order of the District Collector, Jhunjhunu where he h
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