A.D.B. of the Board while hearing an appeal in case No. 17/66/Appeal; /Jaipur Surajmal s/o Radhavallabh vs. Hajari, Kistura and Kesara decided to refer the following question for consideration of a larger bench :

"Should Government notification No.F.2 (172)Rev.D/Gr 22/61 dated 11-6-63 be regarded as having been issued under section 260 of the Land Revenue Act and held to be, and always to Have been valid on that basis ?".

The back ground under which this reference has been made is that an earlier D.B. of this Board had held that the said notification was without proper authority of law in consequence of the ommission of clause (g) of sub section (1) of section 26 of the Rajasthan Land Revenue Act, (hereinafter referred to as the Act) and that the Revenue Appellate Authority was, therefore, not competent to hear appeals in terms of sections 75 and 76 of the Act. This decision of D.B. is reported in 1970 R.R.D. page 173 (Gangasharan vs. Dr. Ratilal Revision No. 150/Jaipur of 66 decided on the 19th December, 1969). While this question came up again before the D.B. which had made this reference to us, it was contended that the question was not properly agitated before the earlier D.B., a

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