NAND KISHORE Vs. BOARD OF REVENUE FOR RAJASTHAN

JUDGEMENT

(1.) THIS is an application under Art. 226 of the Constitution by Nand Kishore for a writ, direction or order against the Board of Revenue, Rajasthan. One Chhagan Lal has also been made a party. No one has, however, appeared on behalf of the opposite parties to oppose the application.

(2.) THE facts, which have led to this application, are these. THE applicant is a resident of village Shyampura. His father Ramchandra was a Patel or Lumberdar of the village, which lies now in the District of Kotah. Ram Chandra was removed from Patelship, and Anandilal, father of Chhagan Lal, opposite party, was appointed in his place some years ago. When Anandilal died, the question of appointing a Patel in his place arose, and there were two claimants, namely, Chhagan Lal opposite party and Nand Kishore applicant. THE matter was eventually decided by the Revenue Commissioner, Kotah, on the 22nd of June, 1949, and he appointed both, the applicant and the opposite party, as Patels of the village, one-fourth of the village being under the Patelship of Nand Kishore and three-fourths under the Patelship of Chhagan Lal. THEreafter there was an appeal to the Board of Revenue of former Rajasthan on the 9th of August, 1949, by Chhagan Lal. This appeal came to the Board of Revenue of the present State of Rajasthan when it was formed on the 1st of November, 1949. THE appeal was once decided by the Board, but there was a writ application to this Court, and the decision of the Board was set aside, and the case sent back for fresh decision. Eventually the Board of Revenue decided the appeal on the 12th of February, 1954, and set aside that part of the order of the Revenue Commissioner by which the applicant was appointed Patel of one-fourh of the village, and directed that Chhaganlal, opposite party, be the sole Patel for the whole village. THE present application is against this order of the Board, and the main contention of the applicant is that the Board had no jurisdiction to interfere with the order of the Revenue Commissioner of Kotah, dated 22nd June, 1949. THE point was raised before the Board also, but was overruled by it.