KISHORESINGH Vs. REVENUE BOARD RAJASTHAN

JUDGEMENT

(1.) This is an application by Kishore Singh under Article 226 of the Constitution of India for issue of a writ of prohibition or certiorari against the Board of Revenue of Rajasthan, and has arisen in the following circumstances :

(2.) The applicant filed a suit for arrears of rent and ejectment in the court of the Assistant Revenue Officer, Jodhpur, in November, 1944. This suit was decreed in May, 1948. Thereupon, there was an appeal by Sitaram, opposite party, who was defendant in the suit. That appeal was dismissed by the Deputy Commissioner, Jodhpur, on the 18th March, 1949. Then followed a second appeal by Sitarani to the Board of Revenue of the former Covenanting State of Jodhpur. This appeal was filed on the 9th July, 1949. Thereafter the Board of Revenue of the State of Rajasthan was created by Ordinance No. XXII of 1949. Section 19 of that Ordinance, which will require interpretation in this case, reads as follows:

(3.) By virtue of this section the Board of Revenue of the former State of Jodhpur came to an end, and all cases pending before it including this case were transferred to the Board of Revenue established for the State of Rajasthan. This Ordinance No. XXII of 1949, it may be mentioned, was published on the 13th August, 1949. Thereafter, Notification No. 907-VIII/49, dated the 26th October, 1949, was issued by the Government in the following terms: -" In pursuance of section 19 of the Rajasthan Board of Revenue Ordinance, 1949 (XXII of 1949), the Government of the U. S. R. is pleased to order that the cases transferred to the Board under the said section shall be heard and disposed of by the Additional Commissioners of the respective Divisions within whose jurisdiction the Boards or other revenue tribunals discharging functions similar to those of the Board constituted under the said Ordinance had been functioning before the commencement of the said Ordinance." This was followed by another Notification No. 20 (8) Rev./49, dated 17th January, 1950, which was in the following terms: