Uttar Pradesh Revenue Code, 2006 | Important Acts and Laws for Judiciary Exams PDF Download

Introduction

• Within each district in India, various subordinate or lower courts operate, each with a consistent structure and function across the country.
• These courts are classified into civil courts, criminal courts, and revenue courts, each specializing in civil, criminal, and revenue-related cases, respectively.
• A revenue court, under the Code of Criminal Procedure, 1973, has original jurisdiction over suits or proceedings concerning land rent, revenue, or agricultural land profits.

Revenue Courts in India

• Revenue courts primarily handle land revenue cases in the state, with the Board of Revenue being the highest revenue court in the district.
• The court hierarchy includes the Commissioner's Court, Collector's Court, and Tehsildar's Court, each with specific roles in handling land revenue matters.
• The courts deal with a range of issues related to land revenue, agricultural land boundaries, tenancy, succession, land transfer, partition of holdings, and more.
• Uniform designations in the subordinate judiciary have been implemented across the country for clarity and consistency.

Constitution of Revenue Courts

The constitution of revenue courts varies from one state to another, but the general composition of revenue courts typically includes the following roles:

• Board Members (Administrative and Judicial): This board, chaired by a Chairman, is appointed by the state government. Its primary responsibility is to make final decisions in matters related to disposition, appeals, or modification, as well as other issues outlined in state codes, under the supervision and control of the state government.
• Commissioners or Additional Commissioners: Each division within a state has a commissioner appointed by the State Government, with the possibility of additional commissioners being appointed as required.
• Collectors or Additional Collectors: Collectors are responsible for revenue administration within a district, with each district having a commissioner appointed by the state government, along with the potential for additional collectors to be appointed.
• Assistant Collectors: The state government has the authority to appoint first and second-class assistant collectors as needed, with the possibility of designating first-class assistant collectors as additional sub-divisional officials for specific tehsils within a district.
• Chief Revenue Officers: These officers, typically revenue inspectors, oversee the maintenance, supervision, and correction of village records under the authority of the district collector, with one or more officers designated for each tehsil.
• Settlement Officers and Assistant Settlement Officers: Responsible for resolving disputes between parties involved in suits related to revenue matters.
• Record Officers and Assistant Record Officers: These officers maintain official records required for the day-to-day activities of revenue boards or courts.
• Tahsildars and Tahsildar (Judicial): Tahsildars, accompanied by revenue inspectors, collect land revenue taxes within a tehsil and may also serve as Executive Magistrates.
• Naib Tahsildar: The state government has the discretion to appoint Naib Tehsildars as needed in each district.

Powers of Revenue Courts in India

• Power to Request Records: Revenue courts in India, depending on the state, possess the authority to ask for records relevant to ongoing suits or proceedings. This includes situations where no appeal has been filed or even if an appeal has been submitted but not yet processed. The purpose of this provision is to validate the legality and propriety of orders issued within a specific suit or proceeding. For instance, if a revenue court is reviewing a land dispute case, it can demand all land records and transaction documents to ensure a fair judgment.
• Power to Review Orders: Additionally, revenue boards hold the power to review their own orders or issue new ones based on applications from involved parties or even at their own discretion. This allows for a reconsideration of decisions if new evidence or circumstances come to light. For example, if a landowner presents new evidence of ownership in a land dispute case, the revenue board can review its previous decision and amend it accordingly.
• Power to Transfer Cases: Moreover, revenue boards are empowered to transfer cases from one revenue court to another of equal or higher rank within the same district or across districts if it serves the interests of justice. This flexibility ensures that cases are heard in appropriate venues for fair and efficient adjudication. For instance, if a lower revenue court is overwhelmed with cases, the revenue board can transfer some cases to a higher court to expedite the legal process and maintain fairness.By exercising these powers judiciously, revenue courts in India play a crucial role in ensuring the proper administration of justice and the resolution of disputes concerning land, property, and revenue matters across various states.

Jurisdiction of Revenue Courts in India

Revenue codes in states explicitly grant complete jurisdiction to revenue courts or boards over specific matters, barring civil courts from entertaining suits on these subjects without express permission in state codes.

Jurisdiction of Civil Courts vis-a-vis Revenue Courts

• The issue of whether civil courts have jurisdiction over suits challenging defective agricultural land transfer deeds and seeking their cancellation has been historically complex.
• Section 49 of the U.P. Consolidation of Holdings Act, 1954 addresses res judicata and limits the jurisdiction of civil or revenue courts, particularly in cases where claims could have been raised during consolidation operations but were not.
• Under state codes, the State Government can modify provisions applicable to revenue courts where no specific laws apply, through official notifications in the Gazette.
• A revenue court has original jurisdiction over suits regarding rent, revenue, or profits of agricultural land, distinct from civil courts dealing with civil suits or proceedings.

Case Example: Jai Prakash Singh v. Bachchu Lal (2019)

• The Allahabad High Court deliberated on the jurisdictional dispute between civil and revenue courts regarding the cancellation of a sale deed for agricultural property.
• The court examined whether a suit seeking cancellation of a sale deed involving declaration of rights/title/interest should be under civil or revenue court jurisdiction.
• It was determined that since the main relief sought was a declaration of title and coparcenary right over agricultural land, the revenue court held jurisdiction in this specific case.

Appeals in Revenue Courts

• The highest revenue court in India is the Board of Revenue, followed by the Courts of Commissioners, Collectors, Tehsildars, and Assistant Tehsildars.
• The Board of Revenue handles final appeals against all lower revenue courts under its jurisdiction.
• The Tehsildar's Court, dealing with land revenue and property tax assessment, is the lowest revenue court in India.
• State-specific codes dictate appeal procedures in revenue courts.
• Historically, high courts of states did not have appellate jurisdiction over decisions of revenue courts.
• In the case of Burla Appanna v. Anala Latchayya (1923), the Madras High Court clarified the subordination of courts.

A State-wise Overview of Revenue Courts in India

• Each state in India has its own set of revenue courts, each with distinct structures, powers, functions, and jurisdictions.

Revenue Courts in Uttar Pradesh

• The Revenue Court system in Uttar Pradesh encompasses various authorities such as the Board, Commissioners, Additional Commissioners, Additional Collectors, Assistant Collectors, Settlement Officers, Assistant Settlement Officers, Record Officers, Assistant Record Officers, Tehsildar, and Naib Tehsildar.

These courts primarily deal with issues related to land revenue, agricultural land boundaries, and tenancy. They handle a range of cases including succession, land transfer, partition of holdings, demarcation of boundaries, removal of encroachments, eviction of trespassers, and declaratory suits.

Computerization of these courts aims to ensure transparency in proceedings, making information easily accessible to litigants, advocates, and the public.

Revenue Court List in Uttar Pradesh

District: Mau

• Magistrates
• Additional District Magistrate, Finance and Revenue
• Additional District Magistrate (Judge)
• Chief Revenue Officer
• Assistant Inspector General, Stamp
• Town Magistrate
• Additional Deputy Collector

Tehsil: Maunath Bhanjan

• Sub-Collector Tehsildar
• Tehsildar, Judicial
• Naib Tehsildar
• Naib Tehsildar, Maunath Bhanjan

Tehsil: Ghosi

• Sub-Collector Tehsildar
• Tehsildar, Judicial
• Naib Tehsildar

Tahsil: Madhuban

• Sub-Collector Tehsildar
• Naib Tehsildar

Tahsil: Mohammadabad Gohana

• Sub-Collector Tehsildar
• Naib Tehsildar

Revenue Court Computerised Management System

The system provides transparency by offering crucial information online, such as hearing dates, court orders, and case proceedings, benefiting litigants and advocates.

Uttar Pradesh Revenue Code, 2006

The code was enacted to update laws on land tenure and revenue, facilitating industrial growth and investment.
It empowers revenue courts with various functions:

• Power to call for records
• Power to restrict multiple applications
• Power to refuse hearings after a specified period
• Board's power of review
• Power to transfer cases

The Board of Revenue oversees land records, settlement, and revenue proceedings in Uttar Pradesh.

Jurisdiction of Civil and Revenue Courts

According to the U.P. Revenue Code, civil courts cannot entertain matters under the jurisdiction of revenue courts. Appellate procedures are outlined, and specific limitations on appeals are detailed.

• Restrictions on appealing certain orders or decrees
• Time limits for filing appeals
• Exceptions to appeals against specific orders

Revenue Court in Chhattisgarh

• All the courts from Collector to Naib Tehsildar are part of the revenue courts system in Chhattisgarh. These courts offer online services for various proceedings such as registering cases, issuing orders, and communicating with parties.
  Some key features of the system include:
  • Providing acknowledgment to applicants for their submissions.
  • Allowing parties to track the progress of their cases online.
  • Offering information on ongoing cases and relevant details.
  • Sending SMS notifications to parties about upcoming hearings.
  • Making the court's litigation list available online.

Overview of the Chhattisgarh Land Revenue Code, 1959

The Chhattisgarh Land Revenue Code, 1959 is a law consolidating regulations related to land revenue, Revenue Officers' powers, landholders' rights, and other land-related matters in Chhattisgarh. The Code applies to the entire state except for areas designated as reserved or protected forests under the Indian Forest Act, 1927.

• Key Powers and Provisions:
• Powers of Superintendence of Board
• Authority to alter administrative divisions
• Appointment of key officials like Commissioners, Collectors, and Additional Collectors
• Procedures for land surveys, case transfers, and evidence collection
• Rules governing costs, witness attendance, and order enforcement

Procedures of Revenue Courts in Chhattisgarh

Chapter IV of the 1959 Code delineates the procedures followed by revenue officers and courts in Chhattisgarh, ensuring fair and efficient administration of justice. Some notable procedures include:

• Restriction on Revenue Officers' jurisdiction outside their designated areas
• Empowerment of officers to survey land and transfer cases
• Centralized authority of revenue courts to resolve disputes
• Inherent power to issue orders for justice and prevention of abuse
• Execution of possession orders for immovable properties
• Application of the Code of Civil Procedure, 1908 for legal implementation

Application Process in Revenue Court of Chhattisgarh

Applying to the revenue court in Chhattisgarh involves a systematic online process, ensuring transparency and efficiency. The steps include:

• Providing accurate information and uploading necessary documents
• Submitting applicant and non-applicant details
• Verifying identity through mobile OTP
• Tracking application status using a unique identifier

Insights from Monthly Progress Reports of Revenue Courts

Monthly progress reports offer valuable insights into the performance of revenue courts in Chhattisgarh, highlighting key statistics such as case disposals and pending cases:

• Varied performance across districts, with some efficiently disposing of cases while others face significant backlogs
• Differences in the number of cases registered, disposed of, and pending, indicating areas for improvement in case management
• Challenges in restoring pending cases, especially in districts with high caseloads

Revenue courts in Madhya Pradesh

• The Board of Revenue in Madhya Pradesh was established through the Central Provinces Board of Revenue Ordinance, 1949, shortly after the creation of the state in 1956. It serves as the highest court of appeal/revision in revenue cases.
• Appellate and revisional powers were transferred to the Board of Revenue from the Assistant Chief Commissioner by the State Government, with Gwalior appointed as its Principal Seat.
• The Board of Revenue also holds circuit courts in various divisional headquarters like Rewa, Indore, Jabalpur, Bhopal, Ujjain, and Sagar.
• Under the Madhya Pradesh Land Revenue Code, 1959, the Board of Revenue exercises powers such as superintendence, rule-making, case transfer, hearing appeals, revisional powers, and review powers.

Madhya Pradesh Land Revenue Code, 1959

• The Madhya Pradesh Land Revenue Code, 1959, consolidates and amends laws related to revenue in the state, covering the jurisdiction of Revenue Officers and the rights of landholders.
• Section 3 of the Code establishes the Board of Revenue for Madhya Pradesh, comprising a President and other members, with the existing regional boards transitioning into the new Board.
• Section 7 empowers the Board to perform functions specified by the Code, the State Government, and other Central or State Acts, with additional powers conferred through notifications.

Powers conferred by the Madhya Pradesh Land Revenue Code, 1959

• The Board has powers of superintendence, rule-making, case transfer, hearing appeals, revisional powers, and review powers under various sections of the Code.

Powers conferred by other Acts

• Under the Indian Stamp Act, 1899, the Board has the power to hear appeals and conduct reviews.
• The M.P. Excise Act, 1915, grants powers of appeals, revision, and review.
• The M.P. Ceiling on Agricultural Holdings Act, 1960, provides powers to hear appeals and revision powers.

Overview of Revenue Courts in Jharkhand

• The revenue department in Jharkhand plays a crucial role in interacting with the public regularly.
• Individuals visit revenue offices for various reasons, and these departments are located in the state capital.
• The primary goal of the revenue department is to ensure peaceful land usage for all landlords and address any hindrances they face.

District-wise Distribution of Revenue Courts

• Jharkhand comprises 24 districts where revenue courts are situated.
• Ranchi district leads in the total number of cases (43914), with 23986 disposed of and 19928 pending.
• Significant variations exist in the disposal of cases across different districts like Hazaribagh, Sahibganj, Latehar, Koderma, and West Singhbhum.
• Dhanbad district reports the highest number of pending cases according to the CNT 49 Report.

Online Case Filing in Jharkhand's Revenue Courts

• Online case filing is a common practice in revenue courts nationwide, including Jharkhand.
• The Revenue Court Monitoring System organizes applications received district-wise and lists disposed and pending cases, facilitating transparent case tracking.
• Online facilities under the Department of Revenue in Jharkhand include digitized records, integrated offices, online land mutation, and lagan payment.
• To access the online portal, users must register, log in, and follow specific procedures for different types of cases.

Revenue Courts in Punjab

Revenue Court Management System of Punjab

• The Revenue Court Management System of Punjab (RCMSPB) oversees 447 active courts in Punjab with a total of 83,545 cases.
• 46599 cases are pending, while 35320 cases have been resolved through the system.
• The Punjab Land Revenue Act, 1887, amends and declares the land revenue law of Punjab.
• Chapter II of the Act defines various revenue officers.
• Sections 8 and 9 of the Act address the appointment of revenue officers by the state government.
• Sections 17 to 22 outline the procedure to be followed by revenue courts while handling cases.

Key Aspects of Revenue Court Management System of Punjab

• RCMS-Punjab simplifies the management and monitoring of revenue court cases in Punjab.
• It captures details of properties under litigation, petitioners, respondents, and generates cause-lists for various courts.
• The system facilitates document uploads, including interim orders and judgments, and offers SMS alerts for case-related events.
• RCMSPb application is role-based, extendable horizontally and vertically, with different user access levels based on jurisdiction.

Conclusion

• Revenue courts handle suits related to various land issues, reducing the burden on civil courts.
• The shift towards electronic filing and online processes enhances operational efficiency and transparency.
• Adoption of online systems like RCMS improves accessibility and speeds up judicial processes.
• Efforts to digitize records, utilize blockchain technology, and implement efficient e-filing systems are underway in various states.

Revenue courts play a crucial role in the Indian judiciary system, requiring adequate resources and infrastructure for efficient functioning.