Sec 51 to 73 Chapter IV (Procedure of Revenue Court and Officers) The Rajasthan Land Revenue Act, 1956.

“51. Place for holding court or making inquiries –

(1) Every officer appointed under Chapter III may 40[subject to the provisions contained in Section 20-A] hold court and make an inquiry at any place within the local limits of his jurisdiction.

(2) Except for reasons to be recorded in writing, no such officer shall hear or inquire into any case at any place outside such limits.

(40. 0 Inserted by item No. 16 of the Schedule of Raj. Act No. 8 of 1962,)

“52. Power to enter upon and survey land –

All revenue and village officers and their servants and workman when authorised, either verbally or in writing may enter upon and survey land and demarcate boundaries and do other acts connected with their duties under this Act or any enactment for the time being in force :

Provided that no person shall enter any building or upon any enclosed courtyard or garden attached to a dwelling house unless with the consent of the occupier thereof without giving such occupier at least twenty-four hours’ notice and in making such entry due regard shall be paid to the social and religious sentiments of the occupier.

53. Power of Government, Board etc. to transfer cases –

The State Government or the Director of Land Records 41[or a Commissioner] may transfer any non-judicial case or any class of non-judicial cases not concerned with settlement, and the Board or the Settlement Commissioner or the Director of Land Records [XX] may transfer any judicial or settlement case or any class of such case from any subordinate revenue court or revenue officer to any other court or officer competent to deal therewith.

(1 Inserted by Act No. 10 of 1987 w.e.f. 31-1-1987 Pub. in Raj. Gaz., EO, 4(ka) dt. 9-4-1987 Pages 43-50.)

54. Power of transfer cases to and from subordinates –

42[A Commissioner], a Collector, a 43[Sub} Divisional Officer, a Tehsildar, a Land Records officer or a Settlement Officer may make over any case or class of cases, arising under the provisions of this Act or otherwise for inquiry or decision from his own file to any revenue officer subordinate to him who may be competent to deal with such case of class of cases, may withdraw any case or class of cases from any such revenue officer and may deal with such case or class of cases himself, or refer the same for disposal to any other such revenue officer competent to deal therewtith:

Provided that even when, after inquiry in a case, a report is submitted by a revenue officer to a superior revenue authority for final order, the latter may, before passing the final order, give the parties an opportunity to be heard.

(42 Inserted vide Rajasthan Act No. 28 of 1987. 43 Word ‘Sub” is missing in the original Act published by Govt. Press.)

55. Consolidation of cases –

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 revenue court, they shall, on application being made by any party to the court to which the ourt or courts concerned are all subordinate, be consolidate in one court and decided by a single judgment. Such cases may be filed in the superior court.

56. Appearances, applications etc. by whom made –

All appearances before, applications to, and acts to be done before, any revenue court or officer under this Act or under any other law for the time being in force, may be made or done –

(i) by the parties in person, or

(ii) by their recognised agents, or

(iii) by legal practitioners duly authorised by the parties and competent to practise before such court or officer :

Provided that the revenue court or officer may require the attendance of any party to a proceeding notwithstanding the employment by him of an agent or a legal practitioner.

56.A Presentation of applications, appeals, etc. –

(1) All applications, appeals and proceeding shall, in the absence of a provisions to the contrary effect, be presented to the Court, officer or authority to which or to whom such applications, appeals or proceedings lie under any provision of the Act or the rules thereunder or of any other law for the time being in force or of the rules made under such law :

Provided that, if under any such provisions, any application, appeal or proceeding lies to a Revenue Appellate Authority, such application, appeal or of proceeding may be presented to, and received by, the Collector of the District in which the cause of action for such application, appeal or proceeding arises wholly or in part.

(2) Upon receipt of an application, appeal or proceeding under the proviso to sub-section (1), the collector shall examine the same to see if it bears the proper court fee, has been presented to him within the time limit, if any, prescribed for such presentation, is accompanied with all the

57. Power of Revenue Courts on officers to require attendance of persons and production of document and to receive evidence –

(1) Subject to the provisions of Sections 132 and 133 of the Code of Civil Procedure, 1908 (Central Act V of 1908) and rules made under this Act; every revenue court or officer shall have power to summon any person whose attendance is considered necessary either to be examined as a party or to give evidence as a witness or to produce any document for the purposes of any inquiry or case arising under This Act or any other enactment for the time being in force.

(2) A summons to produce documents may be for the production of certain specified documents or for the production of all documents of a certain description in the possession or power of the person summoned.

(3) All persons so summoned shall be bound to attend, either in person or by an authorised agent, as such court or officer may direct, and to state the truth upon any subject respecting with they are examined or make statements, and to produce such documents and other things as may be required.

(4) If any persons, on whom a summons has been served, fails to comply with the summons, the court or officer by whom the summons has been issued may issue a bailable warrant for the arrest of such person.

(5) Any person present may be required by any revenue court or officer to give evidence or to produce any document then and there in his possession or power.

58. Summons to be in writing signed and sealed –

Every summons shall be in writing in duplicate and shall be signed and sealed by the officer issuing i or by such person as he empowers in this behalf, and it shall specify the time and place at with the person summoned is required to attend and also whether he is required to give evidence or to produce a document.

Also Check: The Rajasthan Land Revenue Act Free One Liner Notes

59. Serving of summons –

Every summons shall be served –

(i) by tendering or delivering a copy of it-

(a) to the person summoned, or

(b) to his recognised agent or legal practitioner, or

(c) to any adult male member of his family usually residing with him, or

(ii) if any of the aforesaid persons cannot be found or refuses to accept the service of summons, by affixing a copy thereof to some conspicuous part of his usual or last known place of residence; or

(iii) if such person resides in another district, by sending the summons by post to the Collector of such district for service in accordance with clause (i) or clause (ii); or

(iv) if the revenue court or officer so directs, for reasons to be recorded in writing, by sending the summons to the person named therein either in addition to or in substitution of, any other mode of service, by post under a registered cover.

60. Mode of Serving Notice –

Every notice under this Act may be served either by tendering or delivering a copy thereof, or sending such copy by post in a cover registered under the Indian Post Office Act, 1898 (Central Act VI of 1898) to the person on whom it is to be served or his authorised agent or, if service in the manner aforesaid cannot be made, by affixing a copy thereof, at his last known place of residence or at some place of public resort in the village in which the land to which the notice relates is situated.

61. Mode of issuing proclamations –

Whenever a proclamation is issued under this Act, copies thereof shall be posted in the court-house of the officer issuing it, at the headquarters of the tehsil 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, and, if the officer issuing it so directs, the proclamation shall be further published by beat of drum on or near the land to which it refers.

62. Notice or proclamation not void for error –

No notice proclamation shall be deemed void on account of any error in the name, description or designation of any person or in the description of any land referred to therein unless such error has caused substantial injustice.

63. Hearing in absence of party –

(1) if any party to a case of proceeding before a revenue court or officer does not appear on the date fixed for hearing, or on any subsequent date or dates to which the hearing may have been postponed, the case or proceeding may be heard and determined in his absence or may be dismissed in default.

(2) If, on the date fixed for hearing a case or proceeding, a revenue court or officer finds that a summons or notice was not served on any party due to the failure of the opposite party to pay the requisite process – fees for such service, the case or proceeding may be dismissed in default of payment of such process-fees.

64. Adjournment of hearing –

(1) A revenue court or officer may, from time to time, adjourn the hearing of a case or proceeding.

(2) The time and place of an adjourned hearing of a case or proceeding shall be intimated at the time of the adjournment to such of the parties and witnesses as are present.

65. No appeal form order passed under Section 63 –

(1) Except where a case or proceeding before any revenue court or officer has been decided on the merits, no appeal shall lie from an order passed under Sec. 63.

(2) The party against whom any order is passed under Section 63 may apply within 30 days from the date of such order, to have it set aside on the ground that he was prevented by any sufficient cause from appearing at the hearing or from paying the requisite process-fee for the service of a summons or notice on the opposite party, and the revenue court or officer may, after notice to the opposite party and after making such inquiry, as may be considered necessary, set aside the order passed.

66. Power to give and apportion costs –

(1) A revenue court or officer may give and apportion costs incurred in any case or proceeding arising under this Act in such manner and to such extent, as may be deemed fit.

(2) An order under sub-section (1) awarding costs to a party other than the State Government shall be executable as if it were a decree for money passed by a revenue court.

67. Correction or error or omission –

Any revenue court or officer by whom an order has been passed in any proceeding under this Act may, either of his own motion or on the application of a party, correct any error or omission not affecting a material part of the case, after such notice to the parties as may be necessary.

68. Power to refer disputes to arbitration –

The Board 44[a Commissioner, an Additional Commissioner],45[a revenue appellate authority], the Settlement Commissioner, an Additional Settlement Commissioner, the Director of Land Records, an Additional or Assistant Director of land Records, a Collector, an Addl. Collector, a Sub-Divisional Officer, an Asstt. Collector, a Land Records Officer, a Settlement Officer, a Tehsildar or an Addl. Tehsildar may, with the consent of the parties, by order refer any dispute before it or him to arbitration.

(44 Ins. by Act No. 10 of 1987 w.e.f. 31-1-1987, pub. in Raj. Gaz., E.O. 4(ka), dt. 9-4-1987, P. 43-50. 45 Sub. vide item 16 of the Schedule of Rjaasthan Act No. 8 of 1962, pub. in Raj. Gaz. Part IV-A, Ex-ord., dt. 23-4-1962.)

69. Procedure in cases referred to arbitration –

In all cases of reference to arbitration under Section 68, the provisions of the Arbitration Act, 1940 (Central Act X of 1940), shall apply so far as they are not inconsistent with anything in this Act.

70. Application to set aside award –

Any application to set aside an award shall be made within the twenty days after the service of the notice of filling the award.

71. Decision according to award –

If the revenue court or officer making the reference does not see cause to remit the award or any of the matters referred to arbitration for reconsideration, and if no application has been made to set aside the award, of if such application has been refused, such court or officer shall decide the dispute in accordance with the award of if the award has been submitted in the form of a special case, according to its or his own opinion in such case.

72. Bar to appeal & suit in Civil Court –

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

73. Delivery of possession of immovable property –

If possession of immovable property is adjudged, the court or officer making the order may deliver possession in the same manner, and with the same powers in regard to all contents, resistence and the like, as may be lawfully exercised by the civil courts in execution of there own decrees.

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