Vous êtes sur la page 1sur 20

1

Powers of Revenue Officers


(Project Report)

Submitted To
Dr. Parvesh Kumar Rajput
Faculty Member In Land Laws

Submitted By
Amar Bhatnagar
Roll Number- 09
Semester VIII
Section- C
B.A., LL.B (Hons.)

Submitted On: March 6 , 2018

Hidayatullah National Law University Raipur, Chhattisgarh


2

DECLARATION

I, Suyash Gupta hereby declare that, the project work entitled, ‘Powers of Revenue officers’
submitted to H.N.L.U., Raipur is record of an original work done by me under the able guidance
of Dr. Parvesh Kumar Rajput, Faculty Member, H.N.L.U., Raipur.

Amar Bhatnagar

Roll No.09

Batch XIV

Sem VIII
3

ACKNOWLEDGEMENTS

At the outset, I would like to express my heartfelt gratitude and thank my teacher, Dr. Parvesh
kumar Rajput for putting her trust in me and giving me a project topic such as this and for having
the faith in me to deliver. Ma‘am, thank you for an opportunity to help me grow.

My gratitude also goes out to the staff and administration of HNLU for the infrastructure in the
form of our library and IT Lab that was a source of great help for the completion of this project.

Amar Bhatnagar

Semester VIII
Section C
Roll no. 09
4

CONTENTS

Introduction ..................................................................................................................................... 5
Objectives ....................................................................................................................................... 7
Research Methodology ................................................................................................................... 7
Powers of revenue officersh............................................................................................................ 8
Conclusion .................................................................................................................................... 19
References ..................................................................................................................................... 20
5

Introduction

Revenue land means the agricultural land that may not be used to industrial or residential
purposes. For the purposes of land revenue, land includes all lands either vacant or occupied. It
shall include also benefits to arise out of land and things attached to the earth or permanently
fastened to anything attached to the earth but shall exclude minerals, mineral oil, natural gas and
petroleum. Land Revenue means any revenue assessed on an estate and includes other taxes
assessed in lieu of land revenue.

In the state of Chhattisgarh, The Chhattisgarh Land Revenue Code was enacted in 1959. It was
An Act to consolidate and amend the law relating to land revenue, the powers of Revenue
Officers, rights and liabilities of holders of land from the State Government, agricultural tenures
and other matters relating to land and the liabilities incidental thereto in Chhattisgarh.

This Act is applicable in the reserved or protected forestland only for the purpose relating to -
(i) the liability of land for payment of land revenue,
(ii) the assessment of land revenue with reference to the use of land,
(iii) realization of land revenue and ancillary provision thereto.

The Act has been amended from time to time to remove the previous shortcomings.

The preamble indicates the purpose of the code as under:-

(1) it is an Act to consolidate the law relating to the subjects enumerated therein;

(2) it is an Act to amend the law relating to the subjects enumerated

therein. The Subjects enumersted in the preamble are:-

(1) Land revenue

(2) Powers of revenue officers

(3) Rights and liabilities of holders of land from the State Government
6

(4) Agricultural tenures

The Code provides expressly for 13 classes of revenue officers under section 11 which are
mentioned below (in hierarchy):-

1. Commissioners (including Additional Commissioners);

2. Settlement Commissioner (including Additional Settlement Commissioners);

3. Collectors (including Additional Collectors);

4. Settlement Officers;

5. Sub-Divisional Officers;

6. Assistant Collectors;

7. Joint Collectors (including Deputy Collectors);

8. Deputy Settlement Officers;

9. Assistant Settlement Officers;

10. Tahsildars (including Additional Tahsildars);

11. Superintendents of Land Records;

12. Naib Tahsildars;

13. Assistant Superintendents of Lands Records.

These different classes of officers operate at different levels and jurisdiction is different, the code
provides for powers and duties of each of them either separately or collectively. They are
appointed by the state government and state government also confers powers on them if it deems
fit. In addition to this Code other powers and duties are also conferred upon such officers under
any other enactment in force. Hence, the entire above are responsible to the state government if
7

there are any lacunae on their part of duty. The powers conferred upon them are discretionary
also but such powers cannot be exercised arbitrarily, therefore the Code has made provisions in
such a manner so as to provide a discretion in their functioning as well as restrictions which do
not permit these officers to exercise such powers which have not been conferred upon them.

Objectives

Said in the above perspective, the present study tries to study the Powers of Revenue officers as
provided under the Chhattisgarh Land Revenue Act, 1959.

Research Methodology

This project of mine is based of Doctrinal Research, which included collection of materials from
library and nearby sources. It includes secondary data sources. This also includes web search,
which was done from our computer lab. All these materials in total have been a backbone of my
project due to which my project is accomplished successfully.
8

Powers of revenue officers

1. Power to enter upon and survey land –

Section 28 provides that all Revenue Officers, Revenue Inspectors, measurers and patwaris
and when under their observation and control, their servants and workmen when so directed,
may enter upon and survey land and demarcate boundaries and do other acts connected with
their duties under this Code or any other enactment for the time being in force and in so
doing shall cause no more damage than may be required for the due performance of their
duties.

2. Power to transfer cases

Section 29(2) provides that the Commissioner, on an application made to him in this behalf
may, if he is of opinion that it is expedient for the ends of justice, order that any particular
case be transferred from a Revenue Officer to another Revenue Officer of an equal or
superior rank in the same district or any other district in the same division.

The commissioner can exercise this power only on an application made by any one party.
The section does not mention any grounds on which any party may give an application for
transfer of case. But it means that if the party shows that for meeting the ends of justice
transfer of case is necessary then the commissioner can transfer case. However, no lists of
circumstances have been provided which would constitute an adverse effect on the justice.
An apprehension in the minds of litigant is enough ground for transfer but such apprehension
is reasonable or not is to be decided from the circumstances. Heavy burden lies upon party
alleging such an apprehension.

Jagdish Prasad Agarwal vs. Jaiprakash Agarwal1

It was held that matters transfer from one court to another court, this power has been given to
ensure fair trial to litigants.

3. Power to transfer cases to and from subordinates

Section 30(1) states that [A Collector or a Sub-Divisional Officer], may make over any case
or class of cases arising under the provisions of this Code or any other enactment for the time
being in force, for decision from his own file to any Revenue Officer subordinate to him
competent to decide such case or class of cases, or may withdraw any case or class of cases
from any such Revenue Officer and may deal with such case or class of cases himself or 29

1
2014 RN 120.
9

refer the same for disposal to any other Revenue Officer subordinate to him competent to
decide such case or class of cases.

Also, section 30(2) provides that a Commissioner, a Collector, a Sub-Divisional Officer, or a


Tahsildar may make over for inquiry and report any case or class of cases arising under the
provisions of this Code or any other enactment for the time being in force from his own file
to any Revenue Officer subordinate to him.

The powers of transfer under subsection 1 are conferred on the collector, sub-divisional
officer and a tahsildar only. It does not mention any circumstance or ground for making an
order of transfer. It is also not mentioned whether such powers can be exercised suo motu or
on an application. Hence, it can be presumed that such a power is absolute. It can be safely
said that the provision has been made for administrative purposes i.e. for adjustment and
load-shedding.2 The power of transfer under subsection 2 empowers a commissioner, a
collector, a sub-divisonal officer and a tahsildar for the purposes of making enquiry and
submitting a report. Here no question of jurisdiction of the subordinate officer arises since
the work of subordinate officer requires only to make enquiry and submit a report and not to
give his opinion or finding in the matter.

4. Powers of Revenue Officers to require attendance of persons and production of


documents and to receive evidence

Section 33 provides that every Revenue Officer acting as a Revenue Court shall have power
to take evidence, to summon any person whose attendance he considers necessary either to
be examined as a party or to give evidence as a witness or to produce any document for the
purposes of any inquiry or case.

The provisions of this section are applicable on all revenue officers but it is subject to section
132 and 133 of the Code of Civil Procedure, 1908. These provide an exception to the
abovementioned section which are as follows:

Section 132 - Exemption of certain women from personal appearance


Women who, according to the customs and manners of the country, ought not to be
compelled to appear in public shall be exempt from personal appearance in court.

Section 133 - Exemption of other persons


The following persons are exempted from personal appearance in the court :-
(i) the President of India;
(ii) the Vice-President of India;
(iii) the Speaker of the Houses of the People;
(iv) the Ministers of the Union;

2
In Re: Keshrimal Gupta, AIR 1968 MP 232
10

(v) the Judges of the Supreme Court;


(vi) the Governors of States and the Administrators of Union Territories;
(vii) the Speakers of the State Legislative Assemblies;
(viii) the Chairman of the State Legislative Councils;
(ix) the Minister of States;
(x) the Judges of the High Courts

5. Power to compel attendance of witness

Under section 34, if any person on whom a summons to attend as witness or to produce any
document has been served falls to comply with the summons, the officer by whom the
summons has been issued under Section 33 may — (a) Issue available warrant of arrest; (b)
Order him to furnish security for appearance; or (c) Impose upon him a fine not exceeding
rupees [one thousand].

6. Power to hear Ex-parte or dismiss case or proceedings.

Section 33 provides a procedure for the court to proceed when on the date fixed for hearing
some default is committed which is as follows:-

(1) If on the date fixed for hearing a case or proceeding, a Revenue Officer finds that a
summons or notice was not served on any party due to the failure of the opposite party to
pay the requisite process fees for such service, the case or proceeding may be dismissed
in default of payment of such process fees.
(2) If any party to a case or proceeding before a Revenue Officer does not appear on the date
fixed for hearing after due service of a notice or summons on him the case may be heard
and determined in his absence or may be dismissed in default, as the case may be.
(3) The party against whom any order is passed under sub-section (1) or (2) may apply along
with his affidavit] within thirty days from the date of such order or knowledge of the
order in case the notice or summons was not duly served to have it set aside on the
ground that he was prevented by any sufficient cause from paying the requisite process
fees for service of a summons or notice on the 31 opposite party or from appearing. at the
hearing and the Revenue Officer may, after notice to the opposite party which was
present on the date on which such order was passed and after making such inquiry as he
considers necessary, set aside the order passed.
(4) Where an application filed under sub-section (3) is rejected, the party aggrieved may file
an appeal to the authority to whom an appeal lies from an original order passed by such
officer.
(5) Except as provided in sub-section (4) or except where a case or proceeding before any
Revenue Officer has been decided on merits, no appeal shall lie from an order passed
under this section.
11

Jagprasad vs. Barelal3

There are two remedies available to a person against whom an exparte order is passed. He
may either apply for setting aside an order to proceed exparte or he may file an appeal
against the final order.

Saudan singh vs. State of Madhya Pradesh4

The question arose whether a second appeal also lies against the order of the appellate
authority. The High Court said no second appeal lies. It further observed that the party is not
left without remedy. A revision under section 50 of the Code is maintainable. It has further
observed that intention of the legislature was to provide only one appeal when an application
for setting aside order was rejected.

7. Power to adjourn hearing

According to section 36 a Revenue Officer may, from time to time, for reasons to be
recorded and on such terms as to costs, adjourn the hearing of a case or proceeding before
him. But such power is limited to only three adjournments during the entire hearing of the
case and each such adjournments should be granted with costs. Also, subsection 2 provides
that the date and place of an adjourned hearing of the case shall be intimated at the time of
the adjournment to such of the parties and witnesses as are present.

8. Power to award costs.

Another discretionary power has been given to all the revenue officers under section 37 of
the Code to award costs in any case or proceeding arising under this Code or any other
enactment for the time being in force in such manner and to such extent, as he thinks fit.
Such costs will not include the fees of a legal practitioner, unless such officer considers
otherwise for reasons to be recorded by him in writing.

The underlying theme of this section appears to be that cost should be awarded only when the
revenue officer is satisfied that one or the other of the parties has taken contentious attitude in
the proceedings. The trial court is the best judge whether discretion should be exercised in
favor of awarding costs in a particular proceeding under the code. Superior courts should not
normally interfere with the exercise of this judicial discretion.

9. Power to use force for executing order for the delivery of possession of immovable property.

Where any person against whom an order to deliver possession of immovable property has
been passed under this Code such order shall be executed by firstly giving a notice to vacate
the land, which if not obeyed, than by removing or deputing a subordinate to remove any

3
1994 RN 439. Also held in Balkrishna vs. Abhimanyu, 1994 RN 43.
4
1986 MPLJ 362.
12

person who may refuse to vacate the same and lastly if the officer removing any such person
is resisted or obstructed by any person, the Revenue Officer shall hold a summary inquiry
into the facts of the case, and if satisfied that the resistance or obstruction was without any
just cause, and that such resistance or obstruction still continues, may, without prejudice to
any proceedings to which such person may be liable under any law for the time being in
force for the punishment of such resistance or obstruction, take or cause to be taken, such
steps and use, or cause to be used, such force as may, in the opinion of such officer, be
reasonably necessary for securing compliance with the order.

Abdul Hamid vs. Daudi Bohra Jamat5

Without following any procedure and also without issuing any notices to the appellant, the
possession of the land alongwith standing crops and the house was taken by the respondent
illegally. Respondent is directed to pay 1 lakh towards damages.

10. Inherent powers of the revenue courts.

Section 32 of the Code provides the revenue courts to exercise inherent powers where the
revenue officers are required to make such order as may be necessary for the ends of justice
or to prevent the abuse of the process of the court. The powers under section 32 cannot be
exercised beyond the code.

Bhojraj vs. Dasru6

There is no room for the application of inherent power where there is not only an express
provision in the Code but also an express provision in the Code negativing the claim of the
party. The power under this section is to supplement other provisions of the Code and not to
evade or ignore them or to invent a new procedure according to individual sentiment.

Dangalia vs. Deshraj7

A revenue court has inherent power to order restitution so as to compensate damage done to a
party by its wrong orders which have been varied or reversed.

Dakkho Bai v. State of M.P and Ors.8

The Court of the Collector who is a Revenue Authority under the M.P. Land Revenue Code
has inherent powers to make such orders which are necessary for the ends of justice. It is
settled principle of law that inherent powers of the court provided by an express provision are
meant to achieve the object of doing complete justice and to prevent abuse of the process of

5
2008 (4) MPHT 405.
6
AIR 1959 MP 52.
7
1973 MPLJ 796.
8
2015(3)MPLJ202
13

the Court. It is further settled law that such inherent powers ought not to be exercised where
the grievance can be addressed by any other express provision of the statute.

11. Power to hear appeal

Section 44 empowers different classes of revenue officers to hear appeals from the orders
passed by the subordinate revenue officers. The appellate authorities are:-

a) If such order is passed by any Revenue Officer subordinate to the Sub-Divisional Officer
— to the Sub-Divisional Officer;
b) If such order is passed by the Sub-Divisional Office — to the Collector;
c) If such order is passed by any Revenue Officer subordinate to the Settlement Officer —
to the Settlement Officer;
d) If such order is passed by any Revenue Officer in respect of whom a direction has been
issued under sub-section (3) of Section 12 or subsection (2) of Section 21— to such
Revenue Officer as the State Government may direct;
e) If such order is passed by a Collector whether exercising the powers of Collector or
Settlement Officer, during the currency of the term of settlement — to the Commissioner;
f) If such order is passed by a Settlement Officer — to the Settlement Commissioner;
g) If such order is passed by the Commissioner or the Settlement Commissioner—to the
Board.

The section also gives a provision for second appeal against every order passed in first appeal
under this Code or the rules made thereunder:-

(i) by the Sub-Divisional Officer or the Collector to the Commissioner; 36


(ii) by the Settlement Officer to the Settlement Commissioner;
(iii)by the Commissioner to the Board

In second appeal, the appeal which is filed to the board against the order of the commissioner
shall be made on following only and no other –

(a) if the original order has in the first appeal been varied or reversed otherwise than in a
matter of cost; or
(b) on any of the following grounds and no other, namely :—
(i) that the order is contrary to law or usage having the force of law; or
(ii) that the order has failed to determine some material issue of law or usage having force
of law; or
(iii)that there has been a substantial error or defect in the procedure as prescribed by this
Code,which may have produced error or defect in the decision of the case upon merits.
14

Bihari Singh vs. Chhatra9

Where the additional collector confirmed an auction sale and the defaulter appealed before
the commissioner without impleading the auction purchaser, the appeal was incompetent as
the auction purchaser was a necessary party. The Additional commissioner could not set
aside the sale without hearing the auction purchaser. First and second appeals are the next
stage of proceedings, their object is to consider the order of the trial court by the superior
court, hence the parties in the trial court become necessary parties in an appeal.

Bhagwan Gujar vs. Additional Commissioner, Indore10

It is the duty of the first appellate court to provide cogent reasons for coming to a conclusion
one way or the other as to why the appeal is being allowed or dismissed. It is sine qua non to
give reasons in every case or proceeding.

Various duties and powers of appellate court may be stated which are:-

(a) Cannot discharge functions of trial court.


(b) Whole evidence should be considered and discussed.
(c) It should first hear issue of maintainability and jurisdiction.
(d) Issue of limitation should be decided first.
(e) If the decisions of two courts below is conflicting, then it should give an independent
decision after considering the whole evidence.

12. Power of the appellate authority

Section 49 provides that the appellate authority may either admit the appeal or, after calling
for the record and giving the appellant an opportunity to be heard, may summarily reject it. If
the appeal is admitted date shall be fixed for hearing and notice shall be served on the
respondent. After hearing the parties, the appellate authority may confirm, vary or reverse the
order appealed against, or may take such additional evidence as it may consider necessary for
passing its order.

13. Power to revise orders passed by any officer subordinate to it and where no appeal lies.

Section 50 provides that the Board may, at any time on its motion or on the application made
by any party or the Collector or the Settlement Officer may, at any time on his motion, call
for the record of any case which has been,decided or proceeding in which an order has been
passed by any Revenue Officer subordinate to it or him and in which no appeal lies and on
the following grounds pass any order it may deem fit –

9
1969 RN 53
10
2004 RN 151
15

(a) that such subordinate Revenue Officer has exercised a jurisdiction not vested in him by
this Code, or
(b) that such subordinate Revenue Officer has failed to exercise a jurisdiction so vested, or
(c) that such subordinate Revenue Officer has acted in the exercise of his jurisdiction
illegally or with material irregularity.

Section 50(4) provides that no application for revision shall be entertained in the following
cases:-

(a) against an order appealable under this Code;


(b) against an order to the Settlement Commissioner under Section 210;
(c) unless presented within sixty days to the Board

Section 50(6) also provides that notwithstanding anything contained in sub-section (1):-

(i) where proceedings in respect of any case have been commenced by the Board under sub-
section (1), no action shall be taken by the Collector or the Settlement Officer in respect
thereof;
(ii) where proceeding in respect of any such case have been commenced by the Collector or
the Settlement Officer under sub-section (1), the Board may either refrain from taking
any action under this section in respect of such case until the final disposal of such
proceedings by the Collector or the Settlement Officer, as the case may be, or may
withdraw such proceedings and pass such order as it may deem fit.

Mohar Sai vs. State of Madhya Pradesh

Whether application under Section 50(1) can be presented directly to the board without first
moving to the lower court and if it is allowed, then under what circumstances. It was held
that the revision application should be filed to the lower competent authority first and it can
be a ground for rejection, where the application has been directly filed to the higher
authority. But it is the discretion of Board of revenue to accept or reject the application.

Maganlal Jain vs. State of Madhya Pradesh11

An appeal was pending before the Sub-divisional officer and the respondent filed a revision
application to the additional collector. Additional collector took up the matter and decided on
merits. It was held that the revisionary authority acceded its jurisdiction in deciding the
whole matter which was the subject matter of appeal. Order passed in revision was set aside
and the case was remanded to sub-divisional officer to hear the pending appeal.

11
2006 RN 32
16

Ram Bharosi Sharma vs. State of Madhya Pradesh12

Suo motu exercise of power of revision with regard to limitation is well settled.
Commissioner could not exercise the powers of revision after a lapse of 7 years specially
where no irregularity was found in the exchange of land.

Ram Gopal Sharma vs. Kamla Bai13

Appellate powers and revisional powers are distinct and different. The revisional powers are
almost analogous to the power of High Court under article 227 of the Constitution. Re-
appreciation of evidence and examining the evidence as an appellate authority is nor
permissible. While exercisiong the revisional jurisdiction, mainly decision making process
needs to be examined. In appeal, the entire matter on merits can be reexamined, evidence can
be re-appreciated and examined. In revisional jurisdiction, it is not open to the revisional
court to examine the legality, propriety and validity of the order by the appellate authority.

14. Power to review orders

Review literally and even judicially means re-examination or re-consideration of its own
decision by the very same court. Basic philosophy inherent in it is the universal acceptance of
human fallibility. An application for review may be necessitated by way of invoking the
doctrine ‗actus curiae neminem gravabit‘ which means an act of the court shall prejudice no
man. The other maxim is, ‗lex non cogit ad impossibillia‘ which means the law does not
compel a man to do that what he cannot possibly perform.

The powers of review have been provided under section 51 of the Code. According to this
section the Board and every Revenue Officer may, either on its/his own motion or on the
application of any party interested review any order passed by itself/himself or by any of
its/his predecessors in office and pass such order in reference thereto as it/he thinks fit.

Provided that if the Commissioner, Settlement Commissioner, Collector or Settlement


Officer thinks it necessary to review any order which he has not himself passed, he shall first
obtain the sanction of the Board, and if an officer subordinate to a Collector or Settlement
Officer proposes to review any order, whether passed by himself or by any predecessor, he
shall first obtain the sanction in writing of the authority to whom he is immediately
subordinate.

The Code also makes provision under sub-section (i-a) to serve notice to the parties
interested to appear and be heard in support of such order. This clause was inserted later
keeping in view the principles of natural justice.

12
2002 (3) MPLJ 189
13
2016 (1) MPLJ 320
17

There are also some instances in which review would not lie which are:-

(a) no order from which an appeal has been made, or which is the subject of any revision
proceedings shall, so long as such appeal or proceedings are pending be reviewed;
(b) no order affecting any question of right between private persons shall be reviewed except
on the application of a party to the proceedings,
(c) no application for the review of such order shall be entertained unless it is made within
3[sixty days] from the passing of the order.

The grounds for review have been mentioned to be the same as provided under section 114 of
the Code of Civil Procedure, 1908.

The circumstances when review lies are:-

a) cases in which appeal lies but not preferred,


b) cases in which no appeal lies,
c) decisions on reference from Court of Small Causes.

The grounds of review are:-

a) discovery of new and important matter or evidence, or


b) mistake or error apparent on the face of the record, or
c) any other sufficient reason.

Lily Thomas vs. Union of India14

It was held by the Hon‘ble Supreme Court that the power of review can only be exercised for
correction of a mistake and not to substitute a view and that the power of review could only
be exercised within the limits of the statute dealing with the exercise of such power. The
review cannot be treated like an appeal in disguise. The mere possibility of two views on the
subject is not a ground for review. Once a review petition is dismissed no further petition of
review can be entertained.

State of Madhya Pradesh vs. Mangilal Bohare15

Sale certificates were issued by collector in respect of plots auctioned by tahsildar. Sale
certificates sought to be cancelled by authorities since auction initiated on orders of collector
were against the provisions of law. It was held that no review can be permitted after a lapse
of 55 years and moreover when some houses were constructe on said plots in purview of sale
certificates.

14
AIR 2000 SC 1650
15
2014 (3) MPLJ 64
18

Kripa tori vs. State of Madhya Pradesh16

Review authority has to shoe cause notice disclosing the grounds on which it intends to
review the order. After hearing the parties, if the authority is of satisfied that there is error
apparent on record, it should set aside order and should hear matter fresh on merits. The court
also held that the power of review is not inherent in any quasi judicial authority like appeal
and the revision power must be conferred by the statute.

15. Power to re-number or sub-divide survey numbers

The Settlement Officer in accordance with section 70, may either re-number or sub-divide
survey numbers into as many sub-divisions as may be required in view of the acquisition of
rights in land or for any other reason.

This power is given to collector in urban areas to divide lands into plot numbers under
section 93.

16. Power of Settlement Officer to divide or unite villages or exclude area there from

Section 73 states that the Settlement Officer may divide a village to constitute two or more
villages or may amalgamate two or more villages and constitute one village or may alter the
limits of a village by including therein any area of a village in the vicinity thereof or by
excluding any area comprised therein, in accordance with the rules made under this Code. In
urban areas, such power to re-number or sub-divide plot numbers is given to the collector
under section 94.
19

Conclusion

The Chhatisgarh Land Revenue Code, 1959 is an exhaustive enactment combining all the law
relating to the land revenue and other agricultural lands. Different classes of officers have been
made for smooth and proper functioning of the Code and to ensure justice, fair trial and
principles of natural justice. The provisions of the Code are drafted in such a manner so as to
clearly demarcate the jurisdictions of revenue officers and their powers and duties to be
exercised by them, providing a degree of discretion with restrictions. However, there has always
been a problem of corruption in India which has been seen since last few years. The main effect
of corruption can be seen in lower levels of such officers who often take bribes to manipulate
records to the disadvantage of the poor agriculturists and profiting the rich.

The Code has expressly mentioned the powers of revenue officers and the procedure for their
exercise and also the authority which has been conferred such powers. For instance, under
section 44 the provision of appeal has been give which also provides the procedure and the
authority to whom such appeal lies an against the order of which authority such appeal is made.
The Code does not expressly provide for the duties of revenue officers but such duties have to be
made out from the provisions itself. It is of utmost importance that the powers and duties given
under the code to be exercised in a proper manner so as to effectively achieve the aims desired.
Human mind is infallible and mistakes are bound to occur in some or the other situations, hence,
the Code provides remedies for such mistakes and to rectify them. For example the provisions of
second appeal, review and revision have been provided so as to provide the litigant an effective
remedy.
20

References

BOOKS:

 JINDAL, YOGESH, THE M.P./C.G. LAND REVENUE CODE, 1959 (Rajkamal


Publications, 2008)

STATUTES:

 The Chhatisgarh Land Revenue Code, 1959


 Code of Civil Procedure, 1908

WEBSITES:

 www.cg.gov.in
 www.manupatra.com
 www.scribd.com/doc/58430319/

Vous aimerez peut-être aussi