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1. This writ application by Sheo Prakash Singh son of Thakur Sanwal Singh under Article 226 of the Constitution is directed against the order of the Revenue Board of this State dated 17-10-1958, by which it has granted a review of an earlier order of the Board dated 29-10-1957, and ordered the case to be listed for re-hearing and fresh disposal in accordance with law in a matter arising under the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (No. VI of 1952) (hereinafter referred to as the Resumption Act). The petitioner is a minor and was Jagirdar of Thikana Siwar in the former Jaipur State and his jagir was resumed on 1-7-1954, under the Resumption Act and he has filed the present application with Thakur Umed Singh as his next friend.

The State went in appeal from the aforesaid order to the Revenue Board. The Board by its order dated 10-12-1956, remanded the case back to the Jagir Commissioner for a proper inquiry and a fresh decision. Consequently, the Jagir Commissioner again held an inquiry and by his order dated 4-6-1957, re-affirmed his earlier decision that the land in question was covered by Clause (b) of Section 23 (1) of the Resumption Act and was, therefore, the private property of the petitioner and not liable to resumption.

7. The crucial question which thus emerges for consideration is as to the nature or character of the power of review vested by law in the Revenue Board in matters arising under the Resumption Act. But before we deal with this, we may say at once that we see no force in the first contention raised by learned counsel for the petitioner before us namely that the Jagir Commissioner, or, for that matter, any other authority under the Resumption Act had no jurisdiction to determine the character of the land in the sense that it is or is not his private property.

8. This brings us to the Rajasthan Land Reforms and Resumption of Jagirs (Seventh Amendment) Ordinance, 1958 (Ordinance No. 1 of 1958) which was promulgated by the Governor on 9-1-1958, and by Section 4 of this Ordinance, Section 40-A was inserted in the Resumption Act. This Ordinance was replaced by an Act called the Rajasthan Land Reforms and Resumption of Jagirs (Seventh Amendment) Act, 1958, (hereinafter called the Amendment Act) which came into force on 24-3-1958, and it was after the commencement of this Act that the impugned order came to be passed. Section 40-A reads as follows: