MODI, J.—This is a writ application by Thakur Bhanu Pratap Singh under Arts. 226 and 227 of the Constitution praying for the issue of a writ of certiorari or any other writ or direction in the nature thereof to quash the judgment and order of the Revenue Board dated the 17th March, 1961.

2. The material facts are these. The petitioner is the ex-Jagirdar of Thikana Dudu which was part of the former State of Jaipur. This Jagir was resumed on the 4th of February, 1956, under the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (Act No. IV of 1952, hereinafter referred to as the Act). The petitioner made an application for compensation in connection with the resumption of his Jagir to the Jagir Commissioner on the 17th April/1956. In the statement of claim then filed by him, he valued the gross income of Jagir at Rs. 68,447/0/6 as follows :—

Income from Amount

1. Land Revenue 57,054/ 2/6

2. Forest 985/11/9

3. Grazing dues 5,439/15/0

4. Mines 141/ 0/0

5. Non-agricultural dues of land ... 447/ 4/3

6. Sale of Abadi and culturable land 2,123/11/0

7. Salt compensation 260/ 5/0

8. Excise Compensation 1,494/15/0

9. Tribute from sub-grantees 500/ 0/0

68,447/ 0/6

It is not in dispute that the petitioner was allowed interim compensation under sec. 32(1) of the Act on the gross income of Rs.66,424/-. On the 12.6.1957, the petitioner applied to the Jagir Commissioner for amendment of his statement of claim for compensation on the ground that certain items relating to income from non-agricultural uses of land in his Jagir had been omitted from the original claim. It was principally alleged by the petitioner in that connection that the compensation, claim had been filed by his Kamdar who did not have any proper conception of what heads of income were required to be included in the statement of claim according to law.

This application was allowed by the Jagir Commissioner as a result of which the petitioner presented a revised claim on the 14th June, 1957 on the footing that his gross income was Rs. 95,641/6/- instead of Rs. 68,447/-/6 as originally stated. The petitioner produced his books of account in support of his revised claim. It appears that the Jagir Commissioner sent this claim for verification to the Deputy Collector Jagir, and had the petitioners account-books audited departmentally, and thereafter the Jagir Commissioner also made a personal inspection of the area comprised in the petitioners Jagir and prepared a note thereof, and eventually by his orders dated the 27th January, 1959 and 4th February, 1959, assessed the gross income of the petitioners jagir at Rs. 73,942/63 nP. Aggrieved by this decision, the petitioner as well as the State went up in appeal to the Revenue Board by two separate appeals Nos. 28 and 30 of 1959. The Revenue Board by its decision dated the 17th March, 1961, dismissed the petitioners appeal and allowed the appeal of the State and held that the sum of Rs. 26,934/68 nP. allowed by the Jagir Commissioner to the petitioner on account of the income of the non-agricultural uses of land shall be totally disallowed and further that out of the total income of Rs.2024/90 nP. allowed on account of the sale of Abadi and culturable land, a sum of Rs. 1174/- be deducted being the income from the so called sale of cultivable land and the balance of Rs. 850/90 nP. only be allowed. The Board further directed that the gross income of the Jagirdar shall be calculated afresh in accordance with the modifications ordered by it and that the petitioners claim for compensation be finalised thereafter on that footing. It is this order which is being attacked by the petitioner Bhanu Pratap Singh in the present writ application.

3. Pausing here for a moment, we should like to invite attention to certain correspondence which was exchanged between the Secretary to the Government in the Revenue Department and the Jagir Commissioner while the case for compensation was pending before the latter officer. By his confidential letter dated the 11

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