MIRZA SAIF ALI KHAN Vs. BOARD OF REVENUE GOVT OF ANDHRA PRADESH
HIGH COURT OF ANDHRA PRADESH
MIRZA SAIF ALI KHAN
BOARD OF REVENUE, GOVT. OF ANDHRA PRADESH
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Chandra Reddy, J. -
(1.) This is a petition under Article 226 of the Constitution, to quash the order of the Board of Revenue, D/- 6-1-61 reviewing its earlier order D/- 18-4-60.
(2.) The proceedings giving rise to this petition were initiated by the second respondent in the shape of an appeal against the Order of the Jagir Administrator. The question that was agitated before the Board of Revenue was whether the hissedars were entitled to their sharai share only from the date of the decision of the Atiyat Appeals Committee or from the date of the Abolition of the Jagirs. It was held by the Jagir Administrator that between the two dates the hissedars were entitled only to guzaras of maintenance, i. e., from the date of the abolition of the Jagirs to the date of the determination of the Atiyat Appeals Committee. On 18-4-1960 the Board of Revenue though that the sharai share of the hissedars in the commutation amount between the dates mentioned above was a debt to be determined by the Jagirdars Debt Settlement Board. The Tribunal thought that this conclusion, namely, that the sharai share of the commutation amount was a debt, was sustained by the judgment of this Court in Sartaj Baig Khan v. Muzaffarunnisa Begum, (1958) 2 Andh WR 519. Later on, when it was brought to the notice of the Board that it misunderstood the scope of the ruling relied on, it reviewed its own order and held that the hissedars were entitled to their share of the commutation amount and that they should be paid their share as fixed by the Atiyat Appeal Committee from the date of the abolition of the Jagirs. It is this order that is sought to be removed on certiorari.
(3.) In support of this writ petition, it is argued by Sri Ali Adil that the Board of Revenue is not competent to review its own order, as there is no provision of law which has vested the Board with such a power.;
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