An appeal is a process whereby any aggrieved party or parties can request the higher court or authority to overturn the decision already made by the lower court or authority. An appeal can be made to correct errors or clarify and interpret the law by the higher court.
Revision is the process whereby any case which involves erroneous inference, non-exercise or improper jurisdictional exercise is re-examined to correct or improve them. It is the power of a court at a higher level of hierarchy to revise the judgement of its inferior courts.
Revision is when a court re-examines and re-evaluates the decision made by itself.
This law note discusses the provisions of appeal, revision and review under the Madhya Pradesh Land Revenue Code, 1959 (MPLRC).
Provisions Related to Appeal
Sections 44 to 49 of Chapter V of the Madhya Pradesh Land Revenue Code, 1959 provide for the provisions related to appeal. Section 45 of the MPLRC has been omitted.
Appeal and Appellate Authorities
Section 44 of the MPLRC states the grounds for the appeal and the appellate authorities to whom the appeal will be directed. It states that the appeal against an original order lies in the following manner:
- If such an order is passed by a revenue officer subordinate to the sub-divisional officer, the appeal lies to the sub-divisional officer.
- If such an order is passed by a revenue officer subordinate to the deputy survey officer, the appeal lies to the deputy survey officer.
- If such an order is passed by a sub-divisional officer or any assistant collector, joint collector or deputy collector, the appeal is made to the collector.
- If such an order is passed by the deputy survey officer, the appeal is made to the district survey officer.
- If such an order is passed by the collector or district survey officer, the appeal is made to the commissioner.
- If such an order is passed by the commissioner, the appeal is made to the revenue board.
Further, this section states that a second appeal can also be filed against the order passed in the first appeal. And such appeal lies in the following manner:
- If the order in the first appeal has been passed by the sub-divisional officer, the deputy survey officer, the collector or the district survey officer, the second appeal must be made to the commissioner.
- If the order in the first appeal has been passed by the commissioner, the second appeal must be made to the revenue board.
Furthermore, clause (3) of section 44 of MPLRC enumerates (mentions) conditions under which the second appeal lies. Accordingly, the second appeal against the order passed in the first appeal lies only:
- If the original order in the first appeal has been varied or reversed except in the matter of cost; or
- If the order is contrary to law or usage (any uniform practice or course of conduct on which the parties rely) having the force of law; or
- If the order has failed to determine some material issue of law, or usage having the force of law; or
- If there has been any substantial error or defect in the procedure as have been specified by this MPLRC, which may have created an error or defect in the decision of the case upon merits.
Lastly, the appeal against the order of the revision is filed in the same manner as the appeal is made against the original order.
Exceptions (Orders Against Which Appeal Cannot Be Made)
Section 46 of the Madhya Pradesh Land Revenue Code, 1959 provides for the orders against which no appeal will lie. Accordingly, an appeal cannot be made against the following orders:
- Allowing or dismissing an application for condonation of delay on the grounds specified in section 5 of the Limitation Act.
- Rejecting an application for review.
- Allowing or dismissing an application for a stay.
- Order of an interim nature.
- Orders passed under the provisions of sections 29, 30, 104, 106, 114A, 127, 146, 147, 267, 208, 210, 212, 215 of MPLRC.
Further, a second appeal cannot be made against the orders passed in the first appeal under the provisions of sections 131(1), 134, 173, 234, 239, 240, 241, 242 and 248 of MPLRC.
Limitation Period of Appeals
The limitation period for the appeals is contained under section 47 of the MPLRC. In case of the first appeal, the application must be made within forty-five days from the date of the original order. And, in case of a second appeal, it must be filed within forty-five days from the order passed in the first appeal.
In short, the period of limitation for filing an appeal (first appeal or second appeal) is of forty-five days from the date of the order against which it is to be made.
Powers of an Appellate Authority
The appellate authority has the following powers:
- The appellate authority has the power to either accept or reject the appeal after calling for the record and giving the appellant an opportunity to be heard.
- If the appeal is admitted, the appellate authority has to fix the date for the hearing and also serve the notice to the respondent.
- The appellant authority has the power to confirm, reverse or vary the order against which the appeal was made. However, this can be done after hearing from the parties only.
- The appellant authority, at last, has the power to take or receive such evidence as is necessary for passing the order.
Provisions Related to Revision
Section 50 of Chapter V of MPLRC contains the provision related to revision. According to section 50, the revision can be made in the following manner:
- The revenue board has the power to call for record any case which has been decided by the commissioner. This can be done either on his own motion or the application made by any party to the case.
- Similarly, the commissioner has the power to call for records of any case which has been decided or any proceeding in which the order has been passed by the collector or the district survey officer.
- And the collector or the district survey officer can call for records of any case which has been decided by a revenue officer subordinate to him.
Further, there are certain conditions under which the application for revision is not entertained. These are:
- If the application for the revision is against an appealable order, it will not be entertained.
- If the application for revision is against an order passed in the second appeal, it will not be entertained.
- If the order is passed by the commissioner, the application for revision is not entertained.
- The application for revision is not entertained against the order passed in revision.
Furthermore, prior to making a revision to an order, a notice must be served to both parties. An order cannot be reversed unless the prior notice has been given to both parties. Also, the parties must be provided with an opportunity to be heard before reversing the order.
Limitation Period for Revision
The limitation period for revision is also stated under section 50 of the MPLRC. Accordingly, the limitation period for filing an application for revision is forty-five days from the date of the order against which the application is to be made.
Provisions Related to Review
Section 51 of the MPLRC provides provisions related to the review of orders. It empowers the revenue board to review any order passed by him or its predecessor-in-office. This can be done by him either suo moto or on an application by any interested party. Similarly, the revenue officers can also review any order passed by him or its predecessor-in-office. The board and revenue officer can further pass any such order with regards to review as it may think fit.
Further, section 51 states that if the commissioner, collector or district-survey officer wants to review any order which is not passed by them, they must first obtain the sanction of the board. Likewise, if an officer who is subordinate to the collector or the district survey officer wants to review any order, they must obtain the sanction from the collector or district-survey officer to whom they are immediate subordinates.
Exceptions (Orders Against Which No Application for Review Is Made)
Although citizens have the right to file an application for review, there are certain orders against which no application for review lies. These orders are:
- An order against which an appeal has been brought.
- An order which is the issue of any revision proceedings.
- An order which includes the question of rights between private persons. (However, an application for review can be made under this condition if the application is made by the party whose rights are being affected.)
- Any application brought after forty-five days from the order against which it is to be made.
Read Next:
1. Revenue Board Under Madhya Pradesh Land Revenue Code
2. Provisions Related to Consolidation of Holdings Under MPLRC
3. Provisions Related to Village Officers (Patels & Kotwars) Under MPLRC
4. Revenue Officers and Their Powers Under the Madhya Pradesh Land Revenue Code, 1959
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