Wanchoo, C. J.— This is an application under Art. 226 of the Constitution by Nand Kishore for a writ, direction or order against the Board of Revenue, Rajasthan. One Chhagan Lal has also been made a party. No one has, however, appeared on behalf of the opposite parties to oppose the application.

2. The facts, which have led to this application, are these. The applicant is a resident of village Shyampura. His father Ramchandra was a Patel or Lumberdar of the village, which lies now in the District of Kotah. Ram Chandra was removed from Patelship, and Anandilal, father of Chhagan Lal, opposite party, was appointed in his place some years ago. When Anandilal died, the question of appointing a Patel in his place arose, and there were two claimants, namely, Chhagan Lal opposite party and Nand Kishore applicant. The matter was eventually decided by the Revenue Commissioner, Kotah, on the 22nd of June, 1949, and he appointed both, the applicant and the opposite party, as Patels of the village, one-fourth of the village being under the Patelship of Nand Kishore and three-fourths under the Patelship of Chhagan Lal. Thereafter there was an appeal to the Board of Revenue of former Rajasthan on

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