KISHORESINGH Vs. REVENUE BOARD RAJASTHAN
LAWS(RAJ)-1952-7-14
HIGH COURT OF RAJASTHAN
Decided on July 29,1952

KISHORESINGH Appellant
VERSUS
REVENUE BOARD, RAJASTHAN Respondents


Referred Judgements :-

NATIONAL TELEPHONE CO. LTD. (IN LIQUIDATION) V. HIS MAJESTY'S POSTMASTER [REFERRED TO]



Cited Judgements :-

MISRI VS. BOARD OF REVENUE [LAWS(RAJ)-1953-4-14] [REFERRED TO]


JUDGEMENT

Wanchoo, C.J. - (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:
"On the coming into force of this Ordinance all Boards or other revenue tribunals discharging functions, similar to those of a Board, prescribed by this Ordinance or by any other law for the time being in force in the whole or any part of Rajasthan shall cease to exist or to exercise those functions, as the' case may be, and all the cases pending before any such Board or tribunal shall be transferred to the Board constituted by this Ordinance and be heard and disposed of by the Board or such other authorities as the Government may by general or special orders prescribe."

(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:
"In pursuance of Section 19 of the Rajasthan Board of Revenue Ordinance, 1949 (XXII of 1949), and all other powers enabling it in that behalf, the Government of the United State of Rajasthan is pleased to order that the appeals and revisions against decisions of the Commissioners of any of the Covenanting States which were transferred to the Courts of Additional Commissioners under Notification No. 907-VIII/49, dated the 26th October, 1949, published in the Rajasthan Raj Patra, dated the 28th October, 1949, shall be re- transferred to the Rajasthan Board of Revenue, and shall be heard and disposed of by the said Board."



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