1. - Instant writ petition has been filed by the petitioner for quashing Annexure-4 passed by the Tehsildar, Chohtan in Revenue Case No. 10/1993 dated 30.8.1994 whereby the Tehsildar, Chohtan while exercising power under Section 63(1) of the Rajasthan Tenancy Act, 1955 extinguished the tenancy of the petitioner under Section 63(l)(viii) of the Act of 1955 on the ground that the petitioner migrated from India to a foreign country without obtaining valid passport or visa; so also, order dated 26.12.1995 passed in appeal filed by the petitioner under Section 225 of the Rajasthan Tenancy Act and the order dated 4.8.1997 passed by the Board of Revenue, Ajmer whereby the Board of Revenue upheld the order passed by the Tehsildar dated 3.8.1994 and order of the Addl. Collector, Barmer dated 26.12.1995.

2. Learned counsel for the petitioner submits that although in the criminal case registered against the petitioner for offence under Section 3(6) of the Indian Passport Act, the petitioner was convicted by the Munsiff Court Barmer but the word "migration" is flexible because admittedly the petitioner is citizen of India. Further, it is submitted that in the judgment rendered by this