1. - This is an application under Article 226 of the Constitution against an order of the Board of Revenue dated 6th October, 1956,

2. The ancestors of the petitioners were Jagirdars in the erst while State of Jaipur. They had constructed two tanks on plots Nos. 662, 203 and 204 which were in their Khudkasht. Sometime after the construction of the tanks the jagirs were resumed in 1942 and the tanks became part of the Khatedari holdings of the ex jagirdars. On 3rd August, 1954 two cultivators of the village filed an application before the Assistant Collector in which they alleged that the petitioners were preventing them from irrigating their fields from the above two tanks. They claimed that they had a right to irrigate their fields from these tanks, The case of petitioners was that they were their private tanks and the other cultivators of the village had no right to irrigate their fields from them. The Assistant Collector held an inquiry and found that the other cultivators of the village had no right to irrigate their fields from the tanks. He accordingly rejected the application. One Nathu filed an 'appeal' against the order of the Assistant Collector, which was heard a