Mootham, C.J. - (1.) THIS is an appeal from an order of Mr. Justice Chaturvedi dismissing a petition under Article 226 of the Constitution.
(2.) THE only question raised in the appeal is whether a single member of the Board of Revenue can, in a second appeal under the provisions of the U.P. ZA and LR Act 1950 alter or reverse the appellate judgment of the commissioner. It is, we think, a matter of regret that in this case which directly concerns the practice and procedure of the Board of Revenue, the Board, although served with notice of the appeal, did not enter an appearance and was accordingly not represented at the hearing. The Appellant had filed a suit against the Respondents (other than the Board of Revenue) Under Section 202(b) of the ZA and LR Act. The suit was dismissed by the trial court, but that court's judgment was set aside by the Addl. Commr. on appeal. The Defendants then filed a second appeal before the Board of Revenue. The appeal was heard by Sri R.N. Dey, a Judicial Member of the Board who by an order dated 20 -4 -1955 stated his reasons for proposing to allow the appeal subject to the concurrence of his colleague, Sri A.N. Sapru. Sri A.N. Sapru was however of opinion that his concurrence was not necessary and that it would be beyond his province to deal with the matter; and by an order dated 29 -10 -1955, he declined to express any opinion on the appeal. Sri R.N. Dey thereupon, by an order dated 11 -7 -1955, allowed the appeal. The Appellant then filed a petition in this Court in which he challenged the validity of that order. That petition was dismissed by the order which is the subject of the present appeal.
(3.) THE Board of Revenue is constituted under the U.P. Land Revenue Act, 1901 Sections 5, 7 and 8 of which read thus:;