High Courts(1926) 04 MAD CK 0025

The Zamindar of Kallikote and Atagada Estates vs Mongolopur and Others

Madras High Court · Decided on 15 April 1926 · Citation: AIR 1926 Mad 1047 : 97 Ind. Cas. 921 : (1926) 24 LW 416 : (1926) 51 MLJ 500

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Judgment

13 paragraphs · 327 words
1.

These are applications to revise the orders of the Board of Revenue passed, one u/s 172 of the Estates Land Act and the others u/s 171 of the

same Act. So far as the cases u/s 171 are concerned, the only point that is raised which relates to jurisdiction is that a single member of the Board

of Revenue has no power to decide questions under these sections''. However, u/s 2 of the Madras Act I of 1894 it is enacted

It shall be lawful for the Board of Revenue to declare what portion of the business of the Board may be disposed of by a single member.

2.

It is not suggested here that the Board has not allotted this branch of work to a single Member and therefore that Member had complete

authority to deal with the matter. No other question of jurisdiction arises in the case disposed of by the Board u/s 171

3.

So far as the order passed u/s 172 is concerned, it is merely a preliminary order declaring that the Board of Revenue has jurisdiction in the

present case under that section but no final order has yet been passed on the merits of the case. It is contended that on this question of jurisdiction

this Court ought to interfere in revision in order to save further proceedings. It is not ordinarily the practice of this Court to interfere with orders of

an interlocutory nature unless there is some special reason for doing so. Here the petitioner has come to this Court before he has any grievance and

consequently we are not prepared to interfere at this stage. In this view it is unnecessary to decide the question whether this Court has jurisdiction

to interfere in revision with the orders of the Board of Revenue under Sections 171 and 172. All these petitions must be dismissed with costs.

4.

Civil Miscellaneous Petitions Nos. 1346 to 1355 must also be dismissed.