vustudents
09-10-2012, 05:30 AM
1. Introduction:
Under land revenue act review is not alternative for appeal. the revenue authorities are empowered to review their orders. the review is re- consideration of the sanctity of the order passed by the revenue authorities.
2. Relevant provisions:
Sec. 163 land revenue act 1967.
3. Meaning of review:
Oxford dictionary:
Review means general survey inspection, reconsideration etc, etc.
4. Authority who can review:
Following authorities can receive the order.
(i) Executive district officer revenue.
(ii) Collector
(iii) Assistant collector.
(a) Conditions:
(a) An order passed by his predecessor in office shall not be received.
(i) By executive district officer revenue without first obtaining the sanction of the board of revenue.
(ii) Collector without first obtaining the sanction of the executive district officer revenue and no other order shall be reviewed by any review officer without first obtaining the sanction of review officer to whose control he is immediately subject.
5. Notice to the other party:
The notice must be given to the affected to appear in all cases in which a revenue officer proceeds to review his order.
6. Time period:
The review must be filed within 90 days from the passing of the order.
7. Law of limitation:
Law of limitation is not applicable on the provisions of review.
Case law
1982 CLC 401.
Review was made by additional commissioner on permission granted by the board of revenue in nature of review on its mention. it was held that no period of limitation was provided for such case.
8. Modes of review:
(i) Suo moto.
(ii) On the application of aggrieved person.
9. Case when review is allowed:
Following are the cases when review is allowed.
(i) New evidence:
On the discovery of new evidence, review can be filed.
(ii) Mistake of fact:
It is allowed on the account of mistake of fact on the face of record.
(iii) No opportunity to respondent:
Review is allowed when an order is passed in appeal without giving opportunity to the respondent to defend his case.
(iv) Active fraud:
Review is allowed, when some active fraud has been taken place.
(v) Misrepresentation:
Misrepresentation of case is also a ground to review the order passed by the revenue authorities.
(vi) Change in law:
Review is allowed in a case where some changes in law has taken place in the intervening period.
(vii) No acquiescence on part of petitioner:
Where there is no acquiescence on part of the petitioner review is allowed.
(viii) Any other sufficient ground:
Review is allowed in a case where there is any other sufficient ground.
10. Cases where review is not allowed:
Following are those cases where review is not allowed.
(i) Ignorance of provisions of law.
(ii) Non- application of law.
(iii) Mis- interpretation of law.
(iv) Mis- application of law.
(v) Disputed facts.
(vi) Where there is need to conduct enquiry.
(vii) Against the sanction of review.
11. Conclusion:
To conclude I can say that, the all classes of revenue authorities are competent to review their orders under the land revenue act 1967 on application of aggrieved person.
Under land revenue act review is not alternative for appeal. the revenue authorities are empowered to review their orders. the review is re- consideration of the sanctity of the order passed by the revenue authorities.
2. Relevant provisions:
Sec. 163 land revenue act 1967.
3. Meaning of review:
Oxford dictionary:
Review means general survey inspection, reconsideration etc, etc.
4. Authority who can review:
Following authorities can receive the order.
(i) Executive district officer revenue.
(ii) Collector
(iii) Assistant collector.
(a) Conditions:
(a) An order passed by his predecessor in office shall not be received.
(i) By executive district officer revenue without first obtaining the sanction of the board of revenue.
(ii) Collector without first obtaining the sanction of the executive district officer revenue and no other order shall be reviewed by any review officer without first obtaining the sanction of review officer to whose control he is immediately subject.
5. Notice to the other party:
The notice must be given to the affected to appear in all cases in which a revenue officer proceeds to review his order.
6. Time period:
The review must be filed within 90 days from the passing of the order.
7. Law of limitation:
Law of limitation is not applicable on the provisions of review.
Case law
1982 CLC 401.
Review was made by additional commissioner on permission granted by the board of revenue in nature of review on its mention. it was held that no period of limitation was provided for such case.
8. Modes of review:
(i) Suo moto.
(ii) On the application of aggrieved person.
9. Case when review is allowed:
Following are the cases when review is allowed.
(i) New evidence:
On the discovery of new evidence, review can be filed.
(ii) Mistake of fact:
It is allowed on the account of mistake of fact on the face of record.
(iii) No opportunity to respondent:
Review is allowed when an order is passed in appeal without giving opportunity to the respondent to defend his case.
(iv) Active fraud:
Review is allowed, when some active fraud has been taken place.
(v) Misrepresentation:
Misrepresentation of case is also a ground to review the order passed by the revenue authorities.
(vi) Change in law:
Review is allowed in a case where some changes in law has taken place in the intervening period.
(vii) No acquiescence on part of petitioner:
Where there is no acquiescence on part of the petitioner review is allowed.
(viii) Any other sufficient ground:
Review is allowed in a case where there is any other sufficient ground.
10. Cases where review is not allowed:
Following are those cases where review is not allowed.
(i) Ignorance of provisions of law.
(ii) Non- application of law.
(iii) Mis- interpretation of law.
(iv) Mis- application of law.
(v) Disputed facts.
(vi) Where there is need to conduct enquiry.
(vii) Against the sanction of review.
11. Conclusion:
To conclude I can say that, the all classes of revenue authorities are competent to review their orders under the land revenue act 1967 on application of aggrieved person.