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GOPAL LAL versus THE DISTT JUDGE & ORS

High Court of Rajasthan

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GOPAL LAL v THE DISTT JUDGE & ORS - CW Case No. 497 of 1999 [2006] RD-RJ 1962 (15 September 2006)

S.B.CIivil Writ Petition No.497/1999

-:1:-

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH,

JAIPUR

S.B.CIVIL WRIT PETITION NO.497/1999.

Gopal Lal. VERSUS District Judge, Kota & Anr. 15.09.2006.

HON'BLE MR.JUSTICE DALIP SINGH

Mr.Arvind Bhardwaj, for the petitioner.

Mr.B.K.Sharma, Deputy Government Advocate.

*****

Notice was issued to the respondents and in pursuance of which learned Deputy Government Advocate had put in appearance.

Heard learned counsel for the parties.

It was contended on behalf of the petitioner that the property in question was gifted by the deceased Smt.Ramkalyani by means of a registered gift-deed dated 17.09.1958 in favour of the petitioner and since the petitioner was not in Kota at the relevant time when the inquiry was held and had gone out, thus the facts could not be brought to the notice of the authority before whom the proceedings under the Escheat Act were taking place.

Having heard learned counsel for the parties.

I am inclined to set aside the impugned order having gone through the same as the petitioner was not afforded a reasonable opportunity of being heard. The petitioner is directed to appear before the Collector, Kota and who shall pass orders in accordance with law and after affording an opportunity to the petitioner of being heard and taking evidence which the petitioner wishes to produce in the matter. The petitioner is directed to appear before the Collector, Kota along with certified copy of this order on

S.B.CIivil Writ Petition No.497/1999

-:2:- 06.11.2006.

The writ petition as well as the stay application stand disposed of.

(DALIP SINGH),J.

Solanki DS, Jr.P.A.


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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