Dr.

SHAKUNTALA MISRA NATIONAL REHABILITATION UNIVERSITY

Lucknow

Faculty of Law

PROJECT ON

JURISDICTION OF THE REVENUE COURT

For

COURSE ON ‘U.P. LAND LAWS’

Course: B.Com., LL.B (Hons.) 9th Semester

Submitted by

NANDESH VERMA

B.Com LL.B/16-17/12

Under the Supervision of

Dr. Gulab Rai

Professor in Law

Faculty of Law

Dr. Shakuntala Misra National Rehabilitation University

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 Table of Content

Particulars.

1. Introduction……………………………………………………………..

2. Powers & Procedure of the Revenue Court & Officer…………….

2.1. Place of the Holding Court………………………………………………………

2.2. Powers to Enter Upon & Survey Land……………………………………..

2.3. Power to Transfer Cases……………………………………………………….

2.4. Consolidation of Cases………………………………………………………......

2.5. Powers to Summon to Persons…………………………………………………

2.6. Ex-Parte Decree………………………………………………………………….

3. Procedure for the Arbitration Proceedings………………………...

4. Appellate Courts………………………………………………………

5. Powers of the Appellate Courts………………………………………

6. Revision………………………………………………………………..

7. Who may File Revision……………………………………………….

8. Conclusion…………………………………………………………….

9. Bibliography…………………………………………………………..

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 ACKNOWLEDGMENT
I would like to express my special thanks of gratitude to U.P. LAND LAW
teacher Dr. Gulab Rai who gave me the golden opportunity to do this
wonderful topic “Jurisdiction of the Revenue Courts” which also helped
me in doing a lot of Research and I came to know about so many new things
I am really thankful to them.

NANDESH VERMA

B.com LLB (Hons.)

1. Introduction

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U.P. Zamindari Abolition And Land Reforms Act provide substantive portion
of the land law whereas the procedural aspect of the land law is contained in
U.P. Land Revenue Act. The U.P. Land Revenue Act is a complete Code in
itself. Chapter IX of this Act deals with the procedure of the Revenue Courts
and Revenue Officers, the trial of the cases under this Act, and Chapter X
deals with appeals, reference and revision. Section 293 of the U.P.
Zamindari Abolition And Land Reforms Act expressly mention that the
provisions of the Chapters IV and X of the U.P. Land Revenue Act, 1901,
shall apply to application and proceedings made or taken under the chapter
III. This Chapter “Procedure of Revenue Courts and Revenue Officers” of the
U.P. Land Revenue Act, 1901, has been supplemented by rules framed by
the State Government and the Board of Revenue under Section 234. These
rules are contained in the Revenue Manual, and the Revenue Court Manual,
respectively. Thus the procedure prescribed by the C.P.C. does not apply to
proceedings under this Act except in so far as certain provisions of the
C.P.C. have been made applicable by the rules framed under Section 234.

History of the Board of Revenue U.P

The Board of Revenue was established at Allahabad in the year of 1831. The
main function of this Board of Revenue were as follows : -
1. Collection of Rent, Revenue and control over collection staff.
2. Administration of Revenue laws.
3. Administration of tax laws relating to stamps, Excise, opium and Income
tax.
4. Work regarding Court of wards.
5. Judicial work regarding Revenue laws.
6. Settlement operations.

In 1922 functions of the Board were reorganized according to the provisions

of the Board of Revenue Act. Administration of tax laws relating to opium
and Income Tax was taken over by the Provincial Government and same
powers were delegated to Commissioners. As a result, the Board emerged as
the chief authority for administration of Revenue laws, including provincial

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tax laws, and the highest supervisory body for revenue administration,
settlement operations and court of wards administration in the State.
During 1932-35 the following significant changes were made in the
functions of the Board :-

1. In 1932, establishment work relating to the cadres of Naib Tahsildars and

Tahsildars was entrusted to the Board.
2. During 1932-34 work relating to the Divisional and District
establishments of Commissioners and Collectors was transferred to the
Board.
3- In 1932 the Board was notified as Director of Land records for U.P.
4- In 1934 the court of wards work was taken from the Board.

After Independence in 1947-48 the following significant changes were

made:-

1- Administrative and judicial functions of the Board were separated.

2- While the Judicial wing of the Board continued to function at Allahabad,
the Administrative wing was shifted to Lucknow. This arrangement is
continuing since then.

In 1949 a post of Land Reforms commissioner was created to enforce the

provisions of U.P.Z.A and L.R Act in the State and in 1951 the function of
the Board relating to Land Records, Collection of Rent, Taqavi and other
Government dues administration of Revenue buildings were transferred to
this officer and the work relating to establishment of Naib Tahsildars and
Tahsildars was taken over by the state Govt. Later on in 1954 this work of
the Tahsildars and Naib Tahsildars was also entrusted to Land Reforms
commissioner. This arrangement continued till 1956-57 when the post of
Land Reforms Commissioner was abolished and all his functions were again
assigned to the Board. This step was taken obviously because the new
institution of the land reforms Commissioner did not result in betterRevenue

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administration.

In 1957-58 the Board was given the powers of postings transfers and grant
of leave etc. Deputy Collectors, Judicial officers, Special railway Magistrates
and Sales Tax officers. The Board was also required to have a supervisory
control over Excise, Registration, Entertainment Tax and Consolidation
departments. After about a year and a half the Government withdrew the
powers.

In 1968-69 the following functions were given to the Board.

1- Control over the field work of the consolidation staff.
2- Supervision and control over the work of sales Tax and entertainment Tax
departments.
3- Control over the work and performance of Assistant Excise
commissioners.

These functions were given primarily on the basis of Andhra Pradesh and
Madras Board pattern during the regime of the President rule but as soon as
the popular Govt. came in power, these function were withdrawn and
transferred to respective departments.

In the beginning, there were two Members of the Board, designated as

Senior and Junior Members. Later on, the Senior Member was designated as
Administrative Member and in 1957 besides the Administrative Member, two
Members known as Member (Land Reforms) and Member (Taxation) were
appointed in the executive wing at Lucknow. In 1964, the designation of
Administrative Member was changed to that of the Chairman and the same
designation have been continuing even now.

In short, the Board had been functioning as Chief Revenue Authority, both
administrative and Judicial. It may be pointed out here that the Board of
Revenue was the highest Revenue Judiciary in the State with incidental

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executive functions requiring control over Commissioners and Collectors.
Before independence, it exercised almost the same powers and prestige as
high Court. After emergence of responsible Government and welfare state,
both of these functions of the Board of Revenue led to greater centralization
with respect to policy formulation and policy implementation. To a great
extent, the administrative power exercised by the Board of Revenue was
taken by the State Government.

2. Power and Procedure of the Revenue Courts and Officers

There are following powers and procedure of the Revenue Courts and
Revenue Officers.

2.1. Place of holding Court- Section 189. : A Commissioner may hold his
court at any place within his Division. An Additional Commissioner may
hold his Court at any place within the Division or Divisions to which he is
appointed. If an Additional Commissioner is appointed for Two Divisions of
Lucknow and Faizabad he may hear a case of Sitapur district (of Lucknow
Division) at Sultanpur (of Faizabad Division). Hearing of a case coming from
Sitapur (of Lucknow Division) at any place in Lucknow Division is not
necessary, though the cases mostly are heard in the same Division.

Collector, Additional Collector, Assistant Collector, Assistant Collector in

charge of the Sub-Division, Record Officer, Assistant Record Officers,
Settlement Officers, or Assistant Settlement Officer, may hold his Court at
any place within the district to which he is appointed.

The Tahsildar may hold his Court at any place within his Tahsil. A Tahsildar
cannot hold his Court at any place within another Tahsil of his district,
whereas Assistant Collector in charge of Sub-Division (Tahsil) may hold his
Court at any place not only in the Tahsil of which he is in charge but also at
any place in another Tahsil of the District. For example, Lucknow District
consists of three Tahsils of Sub Divisions- Lucknow, Malihabad and
Mohanlal Ganj. The Tahsildar of Mohanlal Ganj may hold his Court at a

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place within the Tahsil of Mohanlal Ganj. But the Assistant Collector in
charge of the Mohanlal Ganj Sub Division may hold his Court at a place
within the Tahsil of Mohanlal Ganj, or of Lucknow Tahsil or of Malihabad
Tahsil. Naib Tahsildars have been conferred some powers of Tahsildars but
they are not empowered to hold the Court at any place within the territorial
jurisdiction of the Tahsil.

The Board of Revenue may hold its Court at the headquarters of anyone of
the districts of the State.1 In short Section 189 empowers the Revenues
Authorities to hold their courts at any place within their territorial
jurisdiction. But when they are on tour and holding the courts in camps
they should not decide cases ex-parte. When parties and witnesses are
summoned to appear in camp, the place as well as the date shall always be
stated in the summons.2 If on the day appointed for the hearing of a case in
camp the court is not sitting at the place specified and the parties are not
present, either a fresh date and place shall be fixed for hearing the case, or
the case shall be adjourned for a time sufficient to allow the parties of the
travelling from the place specified to the place at which the court is sitting. 3

2.2. Powers to enter upon and survey land- Section190 : The Collector,
Settlement Officer, Record Officer, and their Assistants, subordinates,
servants, agents and workmen may enter upon and survey land and
demarcate boundaries and do all acts necessary for any purpose connected
with their duties under this or any other Act.

The tenure-holder cannot refuse permission to Revenue Officials to enter

upon their lands for the aforesaid purpose or cannot place obstructions in
the discharge of their duties.

2.3. Power to transfer cases- Section 191 and 192: The State Government
or a Commissioner may transfer any non-judicial case, except the
Settlement matter, from any Subordinate Revenue Officer to any other such
officer competent to deal therewith. The Board of Revenue or a
1
. Rule 339 (1) of the U.P.Z.A. & L.R. Rules read with Section 256 (1) of the U.P. Tenancy Act, 1939.
2
Rule 54 of the Revenue Court Manual.
3
Rule 54, Ibid.

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Commissioner may transfer any judicial or settlement case from any
Subordinate Court or Revenue Officer to any other such court or officer
competent to deal therewith.

The Collector or an Assistant Collector in charge of Sub Division, a

Tahsildar, a Record Officer or a Settlement Officer may-

1) make over any case or class of cases arising under the provisions of this
Act or otherwise for inquire or decision from his own file to any of his
subordinates competent to deal with such case;

2) withdraw any case or class of cases from any Revenue Officer subordinate
to him to their own file;

3) transfer any case or class of cases from any Revenue Officer subordinate
to him to any other Revenue Officer competent to deal therewith.

2.4. Consolidation of cases- Section 192A : Consolidation of cases means

to unite cases into one. Section 192A runs thus :

“Where more cases than one involving substantially the same question for
determination and based on the same cause of action are pending in one or
more courts they shall, on application being made by one party to the courts
to which the courts or courts concerned are all subordinate be consolidated
in one court, and decided by a single judgment. Such cases may be filed
direct in the superior Court.”

Section 192-A requires that for the consolidation of cases two requirements
must be fulfilled, viz. :

i) That the cases must involve substantially the same question; and

ii) that they should be based on the same cause of action.

IILUSTRATION

A bhumidhar dies serviving his three sons A,B & C. A sales his shares to X.
X makes an application under sec. 34 of the UP land Revenue Act, to the
Tahsildar for mutation of names, and then files a suit for division in the

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Court of Assistant Collector First Class. Thus two cases are filed by X, ne in
the court of Tahsildar for mutation, and the other in the court of Assistant
Collector first class for division. The cause of action of both the cases is the
purchase of A,s share. Both cases involve substantially the same question.
So this is a fit case for consolidation. Both cases may be united and merged
into one either on the application of X,s or on the application of B or C.

The main objective of “consolidation of cases” is to prevent unnecessary

delay in the disposal of cases and to prevent unnecessary costs being
incurred. Though the consolidation order can be passed only by the superior
court to which the court or courts are subordinate, yet every court has
inherent power to unite two cases into one, if they involve the same cause of
action and to hear and decide by the same judgment so that the court’s as
well as litigant’s time may be saved. Therefore, if there are two cases
pending in a court based on the same cause of action, they may be
consolidated by the same court or by the order of a superior court to which
that court is subordinate.

The use of the word “on application being made by any party” in sec
192-A clearly suggests that there must be an application by a party, and the
court cannot suo motu consolidate the cases.

2.5. Powers to Summons to Persons- Sections 193 & 199. : Any Revenue
Court may Summon any person for the purpose of any investigation, suit or
business before it. But persons exempt from the personal attendance in the
Civil Court under Section 132 and 133 of the C.P.C. shall be exempt from
the personal attendance in the Revenue Court also. If any person, on whom
summon to give evidence or produce a document has been served, fails to
served with the summons has been issued, may issue a warrant, either with
or without a bail, for the arrest of such person, and may make an order for
the attachment of his property or may impose fine up to Rs. 100. 4

Every summons shall be in writing in duplicate, and shall be signed and

sealed by the officer issuing it, or by such person as he empowers in this

4
Section 194 of the U.P. Land Revenue Act read with Order XVI, Rules 10 to 13 and 18 of C.P.C.

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behalf. The summons shall be served by the tendering or delivering a copy of
it to the person summoned, or if he cannot be found, by affixing copy of the
same to some conspicuous part of his usual residence, and if such person
resides in another district, the summons may be sent by the post to the
Collector of that district for services.5

Mode of serving Notices.- The notice may be served either by tendering a

copy thereof by post, in a cover registered to the person in whom it is to be
served; or, if such person is proprietor of the land, to his agent; or by
affixing a copy thereof at some place of the public resort or adjacent to the
land, to which notice refers

Mode of issuing Proclamation.6- Wherever a proclamation is issued under

this Act, copies thereof shall be pasted in the Court house of the officer
issuing it, at the headquarters of the Tahsil within which the land to which
it refers is situated, and at some place of public resort on or adjacent to the
land to which it refers.

No notice of proclamation shall be void on account of any error in the name

or designation of the person or in the description of any land referred in
therein, unless such error has produced substantial injustice.

2.6. Ex-parte Decree - Sections 200 and 201. : Wherever any party in a
proceeding neglects to attend on the day specified in the summon, or on any
day to which the case may be postponed the court may dismiss the case for
default or may hear and determine it ex parte. If the party happens to be the
plaintiff the suit may be dismissed. If the defendant neglects to attend, the
suit may proceed ex parte. But when the court on tour or in camps the ex
parte decision shall not be made unless the parties had already been
informed the date and place of holding the Court. 7 Where on the date fixed
for filing of written statement, the plaintiff does not attend the court, the
court has no jurisdiction to dismiss the suit in default on that date. In Smt.

5
Section 195
6
Section 197
7
Rules 53 and 54 of the Revenue Manual.

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Rajmurat Kunwar v. Nagar Mahapalika Varanasi,8 a suit under Section
229-B of the U.P.Z.A. L.R. Act was filed by Smt. Rajmurat Kunwar, and
December 19, 1980 was fixed for filing written statement. It so happened
that on December 19, 1980, the plaintiff did not appear, hence the court
dismissed the suit in default. The application set aside the order dated
December 19, 1980 was filed by the plaintiff within the limitation period, but
the application was rejected by the trial court on April 3, 1981. In Revision
the Board of Revenue held that the dismissal the suit was illegal. The
limitation period for an application of restoration is 15 days. This fifteen
days period shall be calculated, in the case of plaintiff from the date of the
order, and in the case of defendant from the date of the order, has been
communicated to him, or when any process for enforcing the judgment has
been executed, whichever is earlier.

3. Procedure for the Arbitration proceedings.

There are following points which relates to the procedure of arbitration

proceedings as follows:

1. The provisions of the Arbitration Act, 1940, shall apply so far as they are
not inconsistent with anything in this Act.9

2. An application to set aside an award shall be made within the 10 days

after the day appointed for hearing the award.10

An award may be set aside on one or more of the followings grounds, 11

viz. –

a) that an arbitrator or umpire has misconduct himself in the proceedings;

b) that an award has been made after the issue of an order by the Court
superseding the arbitration or after arbitration proceedings have become
invalid under Section 35 of the Arbitration Act;

8
1987 R.D. 43
9
Section 204.
10
Section 205.
11
Section 30 of the Arbitration Act.

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c) that an award has been improperly procured or otherwise invalid.

3. If the court does not remit the award or any of the matters referred to any
of the matters to the arbitration for reconsideration, or if no application has
been made to set aside the award, or if he has refused such application; the
court shall decide in accordance with the award.

4. Such decision shall be at once carried out, and shall not be open to
appeal unless the decision is in excess of the award, or not in accordance
with the award, or unless the decision is impugned on the ground that there
is no valid award in law or in fact.

A suit based on title, however, will be maintainable in Civil Court. The only
dispute which the mutation court can refer to arbitration is the dispute
relating to possession and prima facie title. The mutation court has no
power to decide the question of the title finally. The mutation court cannot
confer on arbitrators a power which it does not itself possess.

4. Appellate Courts12

Appellate Courts, under the U.P. Land Revenue Act are three :

1. The Record Officers,

2. The Collector, and

3. The Commissioner.

Appeal shall lie to the Record Officer from order passed by an Assistant
Record Officer. No appeal shall lie from the order or decision of the Record
Officer. Only Revision petition can be made to the Board of Revenue under
Section 219 of the U.P. Land Revenue Act. Appeal shall lie to the Collector
from order passed by Assistant Collector, Second class or Tahsildar. From
order passed by a Collecttor or an Assistant Collector, First class or an
Assistant Collector-in-charge of the Sub-Division, appeal shall lie to the
Commissioner.

12
Section 210 (1).

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Thus from order by the Tahsildar or Assistant Collector, Second class, the
first appeal shall lie to the Collector and a Second appeal to the
Commissioner. With this exception the second appeal has been abolished
from the U.P. Land Revenue Act. The State Government, under Section 224
of the U.P. Land Revenue Act, has invested Tahsildars with the powers of an
Assistant Collector, First class, and if he decides a case, as such, an appeal
against such order would lie to the Commissioner, and not to the Collector. 13

There shall be no appeal in the settlement matters. Order passed by an

Assistant Settlement Officer or Settlement Officer are not appealable and
only a revision-petition may be made to the Board of Revenue under Section
219 of the U.P. Land Revenue Act.

The limitation period for an appeal is 30 days.14 Every appeal shall be

preferred in the form of a memorandum and presented to the Court
concerned or to such officer as it appoints in this behalf. The memorandum
shall be accompanied by copies of the decree or order appealed from and of
the judgment or order passed in the case by all the courts subordinate to
the courts subordinate to the court to which the memorandum of appeals is
presented.

Unless an order is expressly made final by this Act, an appeal shall lie to the
Appellate Court, mentioned above, to hear the same from every original
order passed in any proceeding. The following orders are made final under
the Land Revenue Act :

1. Order passed by Section 28- the correction of map and khasra- section
33- the correction of Annual Registers. Though order passed under these
sections is not appealable yet an aggrieved person may file a regular suit in
Civil Court to establish his rights.15

2. A decision on an award under section 206, unless it is impugned on the

ground that there is no valid award in law or in fact.

13
Ram Kishore v. Sri Lal, 1957 R.D. 219 : 1957 A.L.J. (R.) 214 (F.B.).
14
Section214.
15
Section 210 (6) read with Section 40-A.

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3. An order passed ex parte or by default under section 200.

4. An order admitting an appeal after the limitation period.

5. Powers of the Appellate Court

According to section 216 of the Land Revenue Act, there are the following
powers of the Appellate Court:

1. It may either admit the appeal, or summarily reject it.

2. If it admits the appeal, it may reverse, vary or confirm the order appealed
against.

3. It may direct such further investigation to be made or such additional

evidence to be taken as it may itself take such additional evidence.

4. It may remand the case for disposal with such directions as it thinks fit.

5. When an appeal is admitted, it may suspend the result of the appeal,

direct the execution of the order of the court to be stayed.

6. Revision

Section 219 of the U.P. Land Revenue Act, 1901 has now been amended vide
U.P. Land Laws (Amendment) Act No. 20 of 1997 in the following manner :

1. The Board of Revenue or Commissioner or the Additional Commissioner

or the Collector or Record Officer or the Settlement Officer may call for the
record of any case decided or proceeding held by the Revenue Court
subordinate to him in which no appeal lies or where an appeal lies but has
not been preferred for the purpose of satisfying himself as to the legality or
propriety of the order passed or proceeding held and if such Subordinate
Revenue Court to have- exercised a jurisdiction not vested in it by law, or
failed to exercise a jurisdiction so vested, or acted in exercise of jurisdiction
illegally or with material irregularity, the above mentioned officers may pass
such order in the case as thinks fit.

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2. If an application under this section has been made by any person either
to the Board or to the Commissioner or to the Additional Commissioner or to
the Collector or to the Record Officer or to the Settlement Officer, no further
application by the same person shall be entertained by any other of them.

The term revision means examination of the record with a view to correction
in order passed by another subordinate authority. But in the land law, the
term is used in the technical sense. Before the amendment of the Section
219 of the U.P. Land Revenue Act, 1901 there was exclusive power of the
revision and was conferred on the Board of Revenue or no court or authority
was competent to exercise the power of revision. It has to be kept in mind
that prior to 16th July, 1975, the State Government might call for the record
of any non-judicial proceeding not connected with settlement held by an
officer, subordinate to it and could pass thereon such order as it thought fit.
But by the U.P. Land Laws (Amendment) Act, 1975, this function has also
been given to the Board and even in pending cases. But by the present cases
amendment revisional power has now been conferred not only to the Board
of Revenue but it is being delegated to the Commissioner, Addl.
Commissioner, Collector, Record Officer and Settlement Officer, who can call
the record of any case decided or proceeding held by any subordinate
Revenue Court in exercise of revisional jurisdiction where no appeal lies or
appeal lies but same has not been preferred. 16 The application made for
revision under section 219 before the concerned officer or court shall be
presented in the manner prescribe for an appeal and shall be accompanied
by the copy of judgment, order and decree passed by the court below,
against whom such revision is preferred and whose decree or order is sought
to be revised.17 The revision shall be preferred on the grounds, inter alia
showing that subordinate revenue court have-

a) exercised such jurisdiction not vested in law, or

b) failed to exercised the jurisdiction vested in law; or

16
Rule 196 of the Revenue Court Manual.
17
Rule 195, Ibid.

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c) acted in exercise of jurisdiction illegality or with material irregularity.

In case of Awadh Raji v. State of U.P.,18 against the appellate order dated
22-10-2001 passed by S.D.O., revision was filed before Additional
Commissioner by the Respondent No. 6. the Additional Commissioner
recording the findings on merit decided the revision on 22-08-2003. Being
aggrieved by the said order, Respondent No. 6, Chandi Prasad Tiwari
preferred second revision before Board of Revenue and specific objection
about the maintainability of the revision was raised by opposite party but
the Board of Revenue by its impugned judgment dated 13-02-2004 held
revision is maintainable in the violation of section 219 (2) of the Act.

The impugned order was challenged invoking the writ jurisdiction before
Hon’ble High Court and contested by the parties and after hearing the
submissions of the counsels representing the parties Court allowed the writ
petition finally and set aside the impugned order passed by the Board of
Revenue in view of sub section 2 of Section 219.

In Kartar v. Raghubir Singh,19 it was held that the revision application

should not be dismissed summarily without notice to the parties.

7. Who may file the revision

The revisional power need not be invoked by the aggrieved party only. The
application may be moved by the State even if it was not party in the court
below.20 The Board may also act sue moto. 21 The Board of Revenue or other
officers cannot to refuse to entertain a revision only on a plea that it has
been filed by a person who is an informant and not a party to the
proceedings. The illustrative case is Jawahar Lal Tiwari v. Saheb Lal.22 :

One Saheb Lal encroached upon a public pathway. Jawahar Lal Tiwari, a
resident of the village informed the Tahsildar to take necessary action. The
Supervisor Qanungo made a spot inquire and reported that Saheb Lal had
18
2004 (96) RD 489.
19
1969 R.D. 174.
20
State of U.P. v. Algo, 1956 R.D. 243.
21
Ram Khelawan v. Basanti, 1949 R.D. 80.
22
1980 R.D. 121 (R).

17 | P a g e
encroached upon a public pathway. Thereupon Tahsildar passed an order to
eject Saheb Lal from 5 feet area of the disputed land and also ordered him to
pay Rs. 200/- as damages.

Sahib Lal applied for the review of the above order on the ground that a
material legal point had been overlooked. It was brought to the notice of
Tahsildar that an Ordinance had been promulgated by the Governor in 1971
directing no action to be taken in case of encroachment made in Abadi site
before May 24, 1971. The Tahsildar reviewed his order and in view of the
Ordinance, referred to above, set aside the order directing the ejectment of
Saheb Lal from the encroached land and dropped the proceeding.
Thereupon Jawahar Lal Tiwari, the original informant filed a revision in the
Board of Revenue.

The Board of Revenue accepted the revision and said : “The power to
revision is conferred under section 333. This section does not lay down that
a revision shall be filed by a party to the case. The material points which the
Board of Revenue has to consider in a revision are, whether a subordinate
court has exercised a jurisdiction not vested in it by law, or has failed to
exercise a jurisdiction so vested or has acted in the exercise of the
jurisdiction illegally or with a material irregularity. Now the proceeding
under Section 122-B were started on report of the Supervisor Qanungo
dated January 20, 1972. There was nothing in his report to suggest that the
encroachment had taken place before May 24, 1971. Even in the detailed
order dated August 8, 1972 passed by the learned Tahsildar there is nothing
to suggest that the encroachment; had taken place prior to this date. There
is no error apparent on the face of the record in the earlier order of the
Tahsildar. There is nothing in the record to show that the encroachment
took place before May 24, 1971. The impugned order of the learned
Tahsildar is thus without jurisdiction and cannot be maintained.”

It seems that the revisional power of the Board was being invoked only if
there was some lack of jurisdiction or in the wrong exercise of it. But after
amendment the words, “have acted in the exercise of jurisdiction illegally or

18 | P a g e
with material irregularity” occurring in Section 219 are sufficient enough to
give power to the Board and other mentioned officers to accept the case for
revision and pass such order in the case as he thinks fit, provided the
parties have already have already been heard. But, where the Board or any
other competent authority as mentioned under Section 219 has reversed or
varied the order without hearing to both the parties, it would be in violation
of the natural justice and thereafter if an objection has been filed by
aggrieved party, it would be transgressing its jurisdiction and order would
be liable to be struck down. 23 Section 219 is pari materia with Section 115 of
C.P.C. It is now well settled that revisional jurisdiction of the Board of
Revenue and other officers mentioned under section 219 are very much
confined to cases of the illegal or irregular exercise or non exercise or illegal
assumption of the jurisdiction by the subordinate courts.

The main objective of “consolidation of cases” is to prevent unnecessary

delay in the disposal of cases and to prevent unnecessary costs being
incurred. Though the consolidation order can be passed only by the superior
court to which the court or courts are subordinate, yet every court has
inherent power to unite two cases into one, if they involve the same cause of
action and to hear and decide by the same judgment so that the court’s as
well as litigant’s time may be saved. Therefore, if there are two cases
pending in a court based on the same cause of action, they may be
consolidated by the same court or by the order of a superior court to which
that court is subordinate.

Conclusion

The jurisdiction of the Revenue Court come under the U.P. Zamindari
Abolition And Land Reforms Act provide substantive portion of the land law
whereas the procedural aspect of the land law is contained in U.P. Land
Revenue Act. The U.P. Land Revenue Act is a complete Code in itself. The
Collector, Settlement Officer, Record Officer, and their Assistants,
23
Fazal Rab v. Board of Revenue, 1979 R.D. 44.

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subordinates, servants, agents and workmen may enter upon and survey
land and demarcate boundaries and do all acts necessary for any purpose
connected with their duties under this or any other Act. Every appeal shall
be preferred in the form of a memorandum and presented to the Court
concerned or to such officer as it appoints in this behalf. The memorandum
shall be accompanied by copies of the decree or order appealed from and of
the judgment or order passed in the case by all the courts subordinate to
the courts subordinate to the court to which the memorandum of appeals is
presented.

The State Government or a Commissioner may transfer any non-judicial

case, except the Settlement matter, from any Subordinate Revenue Officer to
any other such officer competent to deal therewith. The Board of Revenue or
a Commissioner may transfer any judicial or settlement case from any
Subordinate Court or Revenue Officer to any other such court or officer
competent to deal therewith.

BIBLIOGRAPHY

1. Primary Source

1. U.P. Zamindari Abolition And Land Reforms Act, 1950.

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 2. U.P. Land Revenue Act, 1901.
3. Ram Khelawan v. Basanti, 1949 R.D. 80.
4. Fazal Rab v. Board of Revenue, 1979 R.D. 44.

2. Secondary Source

1. R.R. Maurya, Uttar Pradesh Land Laws (Central Law Publication, Allahabad,
th
21 edn. , 2015).

2. http://www.ijird.com(visited on 15-10-18).

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