Malik, C.J. - (1.) SHEO Mangal Pathak. Opposite party No. 3, filed an application under Section 36 of the Land Revenue Act for demarcation of expropriator tenancy claimed by him. The application was contested by the petitioner, Ram Sunder Dube, and two others. The application, was dismissed on 22nd January, 1947. Sheo Mangal pathak filed an appeal before the Collector and] the appeal was dismissed on the 20th March, 1948. A further appeal to the Commissioner failed on the 28th June. 1948, On an appeal to the Board of Revenue, the Board of Revenue allowed the appeal in part and directed demarcation of the plots which were Sir before the zamindari was sold on the 13th December, l942, and dismissed the application as regards the plots which were entered as Khudkasht plots of Shoo Mangal Pathak. This order was passed by Mr. Faiyaz Ali Member, on the 7th March, 1949, and, the order was agreed to by Mr. K. M. Lal, Member, on some date in April, l949. Thereafter, an application for review was filed, which was granted on 28th February, 1950. This application for a writ under Article 226 (1) of the Constitution was riled on the ground that the Board of Revenue has no power to review its previous orders and the order passed on the 28th February. i950, was, therefore, without jurisdiction. It was also prayed that further proceedings before the Board should be stayed. The short point for consideration in the case, therefore is whether the Board of Revenue can review its own orders.
(2.) THE section granting the Board power to review its orders is Section 220 of the Land Revenue Act, (Act III of 1901). This section, before its amendment in 1,922, was as follows: (l). The Board may review and may rescind, alter or confirm any order made by itself or by any of its members in the course of its non -judicial business. (2). No decree or order passed judicially by it or by any of its members shall be so reviewed except on the application of a party to the case made within a period of ninety days from the decree or order, or made after such period if the applicant satisfies the Board that he had sufficient cause for not making the application within such period, (3) A single member vested with all or any of the powers of the Board shall not have power to alter or reverse a decree or order passed by the Board or by any member other than himself. Under the Land Revenue Act, 1901, the Board of Revenue had judicial powers and had certain other powers which might be called non -judicial powers. In 1922 certain powers vested in the Board were transferred to the Government under U.P. Board of Revenue Act, 1922, (Act 12 of 1922).
(3.) THE preamble of the Act is as follows; - An Act to transfer to the Local Government or to some other authority nonjudicial powers now exercisable by the Board of Revenue under certain enactments.;