Wanchoo, C.J.—This is an application by Jaikishan under Art. 226 of the Constitution for issue of a writ of certiorari in connection with an order passed in Patta proceedings relating to an area in the former State of Marwar.

2. The applicants case is briefly this. There is small piece of land situate in Didwana town which has got a municipality. Jhumarmal, opposite party, applied to the Municipal Board, Didwana for grant of a no-objection certificate so that he could obtain a Patta of this piece of land. The applicant objected to the grant of the no objection certificate to Jhumarmal and the Municipal Board refused to give the certificate by its order dated the 28ih of January, 1955. There was an appeal from this refusal to the Government by Jhumarmal. The Deputy Minister for Local Self Government inspected the site and hcard arguments and thereafter, the appeal of Jhumarmal was dismissed in May, 1955. In June, 1955, Jhumarmal applied for review of the order of the Government. This review was accepted on the 16th of September. 1955 and the previous order dismissing the appeal was set aside and the Municipal Board was directed (to grant a no-objection certificate to Jhumarmal. The applicant has come upto us against this order and his contention is that there was no jurisdiction in the Government to review the earlier order and, therefore, this Court should quash the order passed in review by a writ of certiorari.

3. The application has been opposed by Jhumarmal and his contention is two-fold. In the first place, it is urged that such an order could be passed under sec. 31 of the Marwar Patta Act, 1921. In the second place, the contention is that the proceedings culminating in the order of Government were executive proceedings and the applicant has no right in the land which is the subject of the no-objection certificate and as such, his application should be dismissed and he should be left to his remedy, if any, in the civil court.

4. In S921 the Marwar Patta Ordinance was passed by the then Ruler of the former State of Marwar. It has now become Marwar Patta Act, 1921. This law laid down the procedure for grant of Pattas of lands which the State was the owner. It was, judged from modern standards, a somewhat strange law as it placed fetters on the powers of the State to dispose of its own property. However, the law came into force from the 1st of January, 1922, and is still in force in the area covered by the former State of Marwar. In 1928, certain rules were framed under the Patta Act with respect to State lands within municipal limits. The rules provide that any person, desiring to obtain a Patta of any State land within Municipal limits, shall, in the first instance, apply to the Municipal Board concerned. The municipal board is to take action, as provided by secs. 12. 13 and 14 of the Patta Act. Of these, sec. 14 may be referred to as it provides for the issue of a proclamation calling upon all persons, having any objections to the grant of the Patta for the site in question, to file them within thirty days thereof. Thereafter, the Municipal Board is to take these objections into consideration. If the municipal board refuses to grant a Patta (this later came to be known as no objection certificate, for, the Patta, could be granted only by some State official), there was a right of appeal to the Mehkma Khas i.e. the Government.

5. It was in pursuance of these rules that Jhumarmal applied to the Municipal Board, Didwana, for the grant of a no-objection certificate with respect to this land. The certificate was refused by the Municipal Board and thereafter, there was an appeal by Jhumarmal to the Government. That appeal was dismissed) but later, on review, the order dismissing the appeal was set aside and the Government ordered the Municipal Board to issue a no-objection certificate. It is this order in review which is being challenged before us.

6. Learned counsel for the applicant relies on Nathulal vs. Collector, Sawai Jaipur

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