BIRBAL RAM Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) THIS petition for writ is preferred to challenge the order dated 23.4.2010 passed by Board of Revenue, Rajasthan, Ajmer rejecting the appeal preferred by the petitioner to challenge the order dated 5.8.1985 passed by the Additional Collector, Jodhpur declaring a part of land as escheat property as per provisions of the Rajasthan Escheats Regulation Act, 1956 (hereinafter referred to as "the Act of 1956").

(2.) IN brief, facts of the case are that on behalf of the State the Tehsildar Phalodi submitted an application before the Additional Collector, Jodhpur to initiate proceedings and to declare a part of agricultural land under the khatedari of Smt. Kishturi widow of Jashwanta as escheat. Accordingly, a notification as per Section 6 of the Act of 1956 was issued and after due process under the order dated 5.8.1985 the Additional Collector referred the matter to the District Judge, Jodhpur for declaration of the property concerned as escheat in accordance with Section 9(2) of the Act of 1956. The District Judge by order dated 10.8.1989 issued a declaration accordingly. Giving challenge to the order dated 5.8.1985 the present petitioner preferred an appeal before the Board of Revenue, Rajasthan, Ajmer in the year 2010 and that came to be rejected being barred by limitation and also on the count that the order dated 5.8.1985 stood merged with the declaration made by District Judge, Jodhpur and no challenge to that was given before the competent court.

(3.) I have considered the arguments advanced and also examined the orders impugned.