Bapna, J. - (1.) THIS is a petition under Art. 226 of the Constitution of India.
(2.) THE opposite party Surja Ram had filed an appeal against the order of the then Revenue Minister of Bikaner to the Board of Revenue at Bikaner on the 16th October, 1947. By a notification of the 22nd January, 1948, the Maharaja of Bikaner constituted a new Board of Revenue authorising them to excercise certain powers but declared the old Revenue Board to continue to function in respect of the appeals which had already been filed before it. On the constitution of the United State of Rajasthan, Board of Revenue Ordinance, 1949, was promulgated on 12th August, 1949, and all Boards of Revenue functioning in Rajasthan were abolished and the cases pending before such Boards of Revenue were directed to be transferred to the Rajasthan Board of Revenue constituted under the Ordinance. It is argued by learned counsel for the petitioner that the Rajasthan Ordinance (No. XXII of 1949) only purported to abolish the new Board of Revenue constituted by the Maharaja of Bikaner on the 22nd January, 1948, but did not touch the existence of the previous Board of Revenue and, therefore, the appeal could not be transferred to the Rajasthan Board of Revenue and be heard and disposed of by that Board. The contention has no force for sec. 19 of the Ordinance abolishes all Boards or other tribunals discharging function 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. The language is wide enough to cover any Board of Revenue or any other revenue tribunal discharging functions similar to those of a Board of Revenue. Both the old Board of Revenue and the new Board constituted by the Maharaja of Bikaner came to be abolished by this Ordinance and the second part of sec. 19 provided for cases pending before those Boards to be transferred and to be heard and disposed of by the Rajasthan Board of Revenue. The Revenue Board of Rajasthan, in our opinion, has jurisdiction to hear and dispose of the appeal. It was next argued that the appeal before the Board of Revenue of Bikaner was incompetent. This is an objection which the petitioner can take up before the Board of Revenue as they have not disposed of the appeal before them. This petition has no force and is dismissed. .;