In every case, the Appeal, Review, and Revision under Land revenue act play the major role to provide Justice. Sometimes it is noticed that the court passes the order against the plaintiff but after Apply for Appeal, Review, and Revision the chances are there to get justice.
The Land Revenue Act gives the powers to the Revenue officers to deal with the cases related to Appeal, Review, and Revision. The procedure provided by the act for Appeal, Review and Revision is very clear and simple. There are the classes of Revenue officers given under the Act. You can read by click on the link: Classes and Powers of Revenue Officers under the Land Revenue Act.
FC- Financial Commissioner
Section 14 of the Himachal Pradesh Land Revenue Act deals with the procedure to file the Appeal.
Section 14 says that the appeal lies directly to the Collector against the original orders passed by the Assistant Collectors of either first class or second class. There is no provision given under the Act that the Assistant Collector of first-class has the power to deal with the appeal against the original orders of the Assistant Collector of second class. Similarly, the orders passed by the Collector are appealable to the Commissioner and the original orders passed by the commissioner are appealable to the Financial Commissioner of the State.
Read also: REVENUE OFFICERS – CLASSES AND POWERS
Section 14 also provides some restriction to the Appeal. The provided part of the section said that when the original orders are confirmed by the officer, who has the power to deal with the first appeal, on the first appeal, the person cannot go for the second appeal.
For example, when the appeal comes to the Collector against the original orders of the Assistant Collectors of either class if the collector passed the same orders, the person who had filled the appeal has no remedy lie to go for the second appeal. Also, when the appeal comes to the Commissioner against the original orders of the Collector if Commissioner passed the same order the person cannot file the next appeal to the Financial Commissioner.
The section 14 further provides that if the order is reversed or modified in the first appeal lie to the Collector, the person can file the appeal to the Commissioner in some case, but the decision made by the Commissioner will be final and no further appeal will lie to any revenue officer.
The period of limitation for an appeal
- When Appeal lies from the orders of Assistant Collectors to the Collector- 30 days
- When Appeal lies from the orders of Collector to the Commissioner- 60 days
- The appeal lies from the orders of the Commissioner to the Financial Commissioner- 90 days
Section 16 of the Himachal Pradesh Land Revenue Act deals with the procedure of Review.
All grades of Revenue Officers possess the Power to review their orders or the orders passed by their predecessors. He can review in his motion or by applying either party interested.
Section 16 provides that:
- When the Collector or Commissioner thinks that it is necessary to review any decision which is not passed by him, he shall obtain the prior sanction from the Higher Revenue officer. In the case of Assistant Collector of either class, if he wants to review his order or any decision made by his predecessors, he shall first obtain permission from the revenue officer to whose control he is an immediate subject.
- The application must be within the time of 90 days from the date of the passing of orders. The application will not be entertained after the expiry of 90 days unless the applicant satisfies the revenue officer with sufficient reason not making the application within 90 days.
- The revenue officer has to send the prior reasonable notice to the parties if any decision is being modified or reversed.
- The order cannot be a review where the appeal has been preferred.
- An appeal shall not lie for the order refusing to review or confirming on review a previous order.
Section 17 of the Himachal Pradesh Land Revenue Act deals with the procedure of Revision.
The FC can exercise the power of revision at any time in respect of pending proceedings or disposed of proceedings by Revenue officers.
About the revisional powers of Collector and Commissioner, both can call for the record of any case whether the case is pending or disposed of by the revenue officers subordinate to him. If he thinks that the proceeding or order should be modified or reverse, he shall report the matter to FC.
The FC will allow the person to be heard, before deciding the decision, who is adversely affected by the order.