INTRODUCTION
The concept of appeal is to resort to a superior court to review the decision of an inferior court or administrative agency. The law of appeal under the Land Revenue Act 1967 is very simple A person who is a party to the order appealed can file an appeal. He should state the whole of his case before the appellate Court.
RELEVANT PROVISIONS
Sections 161 and 162 of the Land Revenue Act 1967.
DEFINITION OF APPEAL
According to the Black Law Dictionary:
The appeal is “Resort to a Superior Court to review the decision of an inferior court or administrative agency.
BASIS
The law of appeal is based on the following maxim: “Interest republican Sit Finis Litium”.
It is the duty of the state and its functionaries to ensure the redress of grievances and the minimization of litigation.
APPEALS
According to Section 161 of the Land Revenue Act, of 1967;
Save as otherwise provided by this Act an appeal shall lie from an original or appellate order of a revenue officer as follows namely,
- To the collector when the order is made by an assistant of either grade.
- To the Commissioner (Executive District Officer (Revenue)), when the order is made by a collector
- To the Board of Revenue only on a point of law, when the order is made by a Commissioner [Executive District Officer (Revenue)].
Provided that
- When an original order is confirmed on the first appeal, a further appeal shall not lie.
- When any such order is modified or reversed on appeal by the collector, the order made by the executive district officer of revenue, on further appeal, if any to him shall be final.
An order shall be confirmed, modified, or reversed in appeal unless reasonable notice has been given to the parties affected thereby to appear and be heard in support of or against the order appealed from.
EXCEPTION TO THE GENERAL RULE
The following are the exceptions to the general rule:
Order Refusing Review:
An appeal shall not lie from an order refusing to review or confirming on review a previous order.
Offices to which the Appeal Shall Lie:
An appeal from the order of the revenue officer shall lie to the collector and from the collector to the commissioner and from the appellate order of the commissioner to the Board of Revenue.
LAW & PROCEDURE
The law of appeal under this Act is very simple. Original orders passed by the revenue officer are appealable to the collector and original orders of the collector to the commissioner. An order confirmed on the first appeal shall be final and there can not be a second appeal. The only case in which an appeal lies to the Board of Revenue is those in which orders passed by the collector are modified or reversed on appeal or from the original order of the commissioner.
APPLICATION OF CODE OF CIVIL PROCEDURE
The code of civil procedure does not apply under the Land Revenue Act in all matters and an appeal, therefore cannot be disposed of in limine.
HEARING OF PARTIES
An order shall not be confirmed without hearing parties and it is so it can not be rejected without hearing the appellant The parties must be given the opportunity to hear.
RELIEF & COMPENSATION
If relief is given by the commissioner on first appeal, the appellant can not prefer second appeal to Board of Revenue for further relief. When compensation awarded by collector is increased in appeal by commissioner, no further appeal shall be laid before the Board of Revenue.
ORDER FROM WHICH NO APPEAL LIES
Followings are the instances of orders from which no appeal lies.
Attachment Order of Civil Court:
Where the land of judgment debtor is attached by the order of the civil court and the file is sent to the collector who declines to interfere in the attachment, it was held that no appeal lay against the order of the collector.
Sanction to Review:
A sanction to review given under section 163 is not an order and is therefore, not appeal though the order passed in review is appeal able.
Refusal to Increase Lambardars:
No appeal lies from a commissioner’s refusal to make an increase in the number of able lambardars of a revenue estate
Disallowing Nomination of Arbitrator:
When a Revenue Officer disallows any nomination of an arbitrator under section 153(2) no appeal lies against such order
Order on Miscellaneous Petition:
When a miscellaneous petition is made against a lambardar and rejected by the collector no appeal or revision is competent against such an order.
ORDERS FROM WHICH APPEAL LIES
Following are instance of appealable orders۔
Order on Review:
An appeal lies from a review that is from an order passed on review provided it is not an order confirming a previous order.
Determination as to Entry:
An appeal is competent from an order made by a Revenue Officer under section 44 of this Act determining an entry to be made in a record-of-rights at the time of the making or revising the record of rights
Order as to Partition:
The order of either nature in partition cases to be passed by the Revenue Officer either Revenue Officer or as a Civil Court or Revenue Court is appealable.
Creation of additional post of Lambardar:
An order of the commissioner creating an additional post of a lambardar is appealable۔
STAY/SUSPENSION OF PROCEEDINGS
When an appeal is preferred, the Appellate court is competent to stay the execution of the order appealed against previously there was no such provisions in the Punjab Act۔
LIMITATION FOR APPEAL
According to Section 162 of the Land Revenue Act the period of limitation for an appeal under Section 161 shall run from the date of the order appealed against and shall be;
- Thirty days where the appeal lies to the Collector
- Sixty days where the appeal lies to the Commissioner
- Ninety day where the appeal lies to the Board of Revenue
Application of Limitation Act, 1908:
Limitation Act is applicable to the matters regarding appeal under Land Revenue Act. 1967 and delay can be condoned under Section 5 of the Limitation Act, 1908
Delay in Filing Appeal:
Court is duty bound to take cognizance of delay even if limitation is not set up as a defence by any party in the absence of any satisfactory explanation for delay in filing appeal court is not justified to condone the delay.
CONCLUSION
It is concluded that appeal means the removal of cause from an inferior court to a superior one for the purpose of testing the soundness of the decision of the inferior court. The original orters passes by assistant collector are appealable to the collector and so on The limitation act is applicable to the limitation prescribed in the Section 162 of the Land Revenue Act 1967.
FAQs
Define the term appeal. Discuss the law relating under the provisions of the Land Revenue Act 1967.
(2018-A, 2015-S, 2014-S, 2013-S)
Analyze various provision relating to appeals under the Land Revenue Act, 1967.
(2016-S)
Write an exhaustive note on appeals, Review and Revision and the Land Revenue Act with particular reference to the period of limitation prescribed for each of them under the law.
(2012-S)
Discuss the law relating to appeals and Review under the Land Revenue Act 1967.
(2011-S)
