STATE Vs. MATHURA LAL

JUDGEMENT

(1.) A, S B. of this Board has referred, the following question under Section 11 of the Rajasthan Land Revenue Act, for opinion, by order dated 4-9-74. This reference has been made in 13 cases. Another S. B. of this Board finding that the point involved in the 12 cases that came up before it, was the same as the point raised by the aforesaid order dated 4-9-74, ordered on 30-10-74, that these 12 cases may also be listed for hearing before the L. B. to be constituted for opinion on the aforesaid reference on 4-9-74.

(2.) THE question referred is : - "whether under the facts and circumstances of the case, the Board of Revenue is justified in exercising the delegated powers under section 83 or section 9 of the Rajasthan Land Revenue Act, specially when a second appeal under section 76 (d) of the Rajasthan Land Revenue Act would ultimately lie against a final order of the Collector under Rule 17a. "

(3.) WE may at the outset consider objection by Shri N. S. Chordia to the maintainability of these references. He argued that in another case another Bench of the Board has referred to a Larger Bench for its opinion, the question whether Rule 17a of these Rules is ultra-vires of the Rule making power of the Government and hence the giving of opinion on the present revision should be defected till the disposal of that reference Vires of Rule 17a are not material for deciding the reference before us. On carefully reading the question referred to us, it will be observed that its decision does not depend upon the decision on the question alleged to have been referred by the other Bench. Whether Rule 17a is ultra-vires or not is not material for our present purpose because the determination of the question referred depends not on the vires of Rule 17a, but on the alleged provision in section 76 (d) of Rajasthan Land Revenue Act providing for a second appeal against the order of the Collector under Rule 17a. It is not therefore necessary to defer the giving of opinion in this reference on account of the fact that a reference is said to have been made regarding the vires of Rule 17a.