- (1.) THIS is an appeal against the order of the Collector, Bharatpur dated 8-9-1964 in escheat proceedings.
(2.) THE property in question is a bagichi in the abadi of village Gadoli. THE village was held in muafi by the muafidars of whom Himmat Singh Respondent is a descendant. One Harnet came to settle in the abadi of the village with the permission of the inhabitants of the village and set up the bagichi. After his death his son Kanhaiya put up his cottage in the bagichi and did some plantation work. Kanhaiya Baba died on 29-3-1961 without leaving any heir. THE impugned order of the learned Collector says that all muafis have been resumed and the question arises as to who retains the right in the bagichi in question. Having posed this question the learned Collector has not answered it, but has given the direction to the Tehsildar to ascertain the rights in the bagichi and if no one has any rights in the bagichi to take further proceedings. With these observations, the learned Collector has dropped the escheat proceedings. We fear this is not a proper order. As required under sec. 6 of the Rajasthan Escheats Regulation Act, 1956, the learned Collector should have himself decided the question whether after the resumption of the muafi any private individual had retained any right in the bagichi or whether the property vested in the State. If necessary, he could have made over the enquiry to an Assistant Collector as provided in sec. 6 (9) of the Act. As it is, that question has remained undecided, and in this sense the enquiry is incomplete. We, therefore, accept this appeal, set aside the order of the learned Collector, and remand the case to him with the direction as required under the law. He should decide the question himself whether the property is liable to be escheated to the State or not. .;