BAPNA, J. - (1.) THIS is a petition under Art. 226 of the Constitution of India.
(2.) ACCORDING to the allegation made in the petition filed by Harprasad respondent No. 2 Sukha filed an application for redemption of 926 Bighas 5 Biswas of land in village Kuchawati, District Bharatpur before the then Debt Conciliation Board and the Board accepted the redemption in respect of 2-1/2 Biswas and the rest of the land was held as Supardgi. Sukha filed an appeal before the Matsya Revenue Board which after the formation of Rajasthan came on transfer to the Rajasthan Revenue Board. Har Prasad filed a writ petition in this court on the ground that only one member of the Board had heard the appeal and the approval of the other member had been given without hearing the petitioner. This Court set aside the decision of the Revenue Board and a re-hearing was directed. The appeal was re-heard, but the previous judgment was maintained by a Division Bench of the Revenue Board by decision dated the 25th of March, 1953. Har Prasad has again filed this writ petition and the validity of the order of the Revenue Board is challenged on the ground that the Revenue Board had no jurisdiction to hear the appeal against the judgment of the Debt Conciliation Board, Bharatpur. It is, however, clear from the Bharatpur Compulsory Redemption of Agricultural Land (Amendment Act), 1951 (No. VII of 1951) that the Board of Revenue for Rajasthan is substituted as the authority to hear appeals against the decisions of the Debt Conciliation Board and the pending appeals were also to be heard and determined by the Revenue Board. There is no doubt that the date of passing of the Act (No. VII of 1951), the appeal of Sukha was pending and the Revenue Board of Rajasthan had thus full jurisdiction to decide the appeal. It was next contended that the appeal had been filed to the Matsya Revenue Board who had no jurisdiction to entertain the appeal. The decision by the Debt Conciliation Board, Bharatpur was given on the 9th of April, 1949, when Bharatpur State as a unit had ceased to exist. The Bharatpur State was incorporated in the Union of Matsya in March, 1948, and the Matsya State merged in the State of Rajasthan in May, 1949. The objection that the appeal filed before the Matsya Revenue Board had not been filed in a competent court was not raised before the Board of Revenue or in the earlier petition to this court. The right to appeal did exist but the forum of appeal came to be abolished and the appellant came to file his appeal to an authority to entertain it but had perhaps not been authorised to receive it. The position is not very clear but on the facts it must be held that the Rajasthan Revenue Board had ample authority to even grant extension of time if this question had been raised before it. This petition has no force and is accordingly dismissed. No order as to costs as the opposite party is unrepresented. ;