W. Broome, J. - (1.) This writ petition, filed in 1968, challenges an order passed by the Board of Revenue on 30 -11 -1967, allowing a revision application against a decision of the Addl. Commr. of Gorakhpur and remanding the case to the Addl. Commr. to be decided afresh.
(2.) The proceedings had started with an application filed by Rahmat (O.P. 3) in the court of the Addl. Collector of Basti, asking for the correction of a village map Under Sec. 28 of the U.P. Land Revenue Act, alleging that by mistake plot No. 137 had been wrongly shown in that map as plot No. 62 and vice versa. The application was sent to the S.D.O., Domariaganj for inquiry; and he reported in favour of the Applicant, recommending that correction should be made, as prayed. The Addl. Collector accordingly allowed the application for correction on 30 -4 -1962. The present Petitioners thereupon appealed to the Addl. Commr. who set aside the order of the Addl. Collector on the ground that the map had been prepared during consolidation proceedings and was final and conclusive in view of the provisions of Sec. 27 of the Consolidation of Holdings Act. The Board of Revenue in revision has held that the stand taken by the Commr. is incorrect and has accordingly set aside his order and remanded the case to him for decision on the merits.
(3.) The sole point pressed by learned Counsel for the Petitioners is that the impugned order of the Board of Revenue cannot be sustained because it has been passed by only one Member without the concurrence of a second Member. Reliance is placed on the provisions of Rule 190 of the Revenue Court Manual, which runs as follows: 190 - -Where the Board has distributed its revisional business among the Members, the order of a single Member shall be the order of the Board: Provided that no decree or order coming up before the Board in revision shall be modified or reversed without the concurrent judgment of two members and in such event the judgment or order shall be signed by both the Members concurring therein.;