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Powers Of Revenue Courts, Its Jurisdiction And Constitution. (U.P. Revenue

Code, 2006)
By Eshika Singla (Amity Law School, Noida) | Views 4648 (author-11255-eshika-
singla-amity-law-school-noida-.html)

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U.P. Revenue Code has been passed by the state legislature back in year 2006. This act was
implanted to ful!ll certain aims and objectives. One of its main objectives was to
consolidate and amend the law relating to land tenure. The Act very well de!nes the term
Revenue Court its constitution, by constitution we mean what all are actually the
constituent of revenue court. Further if these authorities have come into existence what is
their role in resolving all land revenue related matters.

Also, we know that every authority has a speci!c de!ned jurisdiction in which it operates
legally and deliver judgements. In this paper an attempt is made to study what these
revenue courts are, what are the authorities covered under these revenue courts, their
area of jurisdiction and at last powers imbibed in them by state legislature through U.P.
Revenue Code, 2006. Di"erent sections concerned to each topic have been discussed in
detail. This paper has been divided into 3 chapters for a better understanding of the
reader.

Introduction
The term Revenue Courts is very well de!ned in the Land Revenue Laws of various states.
For instance, in Uttar Pradesh as per section 4(16) of UP Revenue Code, 2016- Revenue
Court’ means all or any of the following authorities the Board and all members thereof,
Commissioners, Additional Commissioner, Additional Collectors, Assistant Collectors,
Settlement O#cers, Assistant Settlement O#cers, Record O#cers, Assistant Record
O#cer, Tahsildar and Naib Tahsildar;” [1]

The main purpose behind establishment of these courts is to resolve all matters related to
Land Revenue, matters involving boundaries of agriculture land and tenancy. Suits being
referred to here are related to succession, transfer of land, partition of holdings,
demarcation of boundaries, removal of encroachments, eviction of trespassers, and in
some states, UP included, declaratory suits. All such suits do not fall under the jurisdiction
of Civil Courts in any case.

There is a hierarchy of Revenue Courts. Di"erent types of Revenue Courts include Board
members, Commissioners, additional commissioners etc.

Meaning of Revenue Court:

As per section 4(16) of UP Revenue Code, 2016- Revenue Court’ means all or any of the
following authorities the Board and all members thereof, Commissioners, Additional
Commissioner, Additional Collectors, Assistant Collectors, Settlement O#cers, Assistant
Settlement O#cers, Record O#cers, Assistant Record O#cer, Tahsildar and Naib Tahsildar.

Powers of Revenue Courts:

Under U.P. Revenue Code, 2006 following powers are available to Revenue Courts
Section-210 Power to call for the records[2].
1. According to section the board or commissioner has the power to call for any
records which can relate to any kind of suit or proceedings that are being judged by
any subordinate revenue court in which no appeal lies, even if any such appeal lies it
has not been preferred till date, the entire purpose behind this is so that board
members can satisfy themself as to the whole legality or propriety of any such order
passed in a particular suit or proceedings being referred to by the Board members;
and if such subordinate courts appeal to have:
a. Exercised any such jurisdiction not empowered to it by Law; or
b. Failed to exercise any such power vested by Law; or
c. Also, if by any chance it is found that such a jurisdiction has been exercised
illegal or involves material irregularity of any sort, then the respective
commissioner or board member whoever seems !t to the concern may pass
such an order as they may consider or approve to be valid in the given
scenario.

2. In case where already an application has been moved by a person to board

members or commissioner then no further application will be entertained !led by a
same person to any of the respective revenue court members.

3. After the expiry of 30 days of the implementation of this code or from the date of the
order sought to be revised, no further orders shall be entertained under this section.

This section includes an important power available to board members or commissioner

which constitute revenue courts.

Section-211 Board’s power of review [3]

 1. This section grants power to the court to review any of the order passed by itself or
pass any such order as it may thinks !t on the basis of any applications made to it by
an interested party or board can do so, of its own motion.

2. Only those order shall be reviewed under sub-section 1, which fall under the
following grounds:
a. In case any new or important matter or evidence is discovered;
b. Any kind of mistake or error apparent on the act of record;
c. Any other su#cient reason.

3. Also orders passed on review shall not be reviewed again.

Section- 212 Power to transfer cases[4]

1. A board has a very important power under this section where it can transfer case
from one revenue court to other revenue court which may be of a higher rank or an
equal rank, also it can be in same district or any other district, however this transfer
can only be made on the basis that it will be convenient and practical for the ends of
Justice to do so.

2. Further it also gives power to the Commissioner, the collector or the Sub- Divisional
o#cer to make over any case or class of cases arising under the provisions of this
Code or any other enactment for the time being in force, for decision from his own
!le to any Revenue O#cer subordinate to him and competent to decide such case or
class of cases, or may withdraw any case or class of cases from any such Revenue
O#cer and may deal with such case or class of case himself or refer the same for
disposal to any other Revenue O#cer competent to decide such case or class of
cases.

These three are the most important powers granted to revenue courts under Chapter XIII
of U.P. Revenue Code, 2006.

Jurisdiction of Revenue Courts:

Following sections discussed below talks about jurisdiction of revenue courts:

Section- 206 Jurisdiction of civil courts and revenue courts[5]

1. Notwithstanding anything contained in any law for the time being in force, but
subject to the provisions of this Code, no Civil Court shall entertain any suit,
application or proceeding to obtain a decision or order on any matter which the
State Government, the Board, any revenue Court or revenue o#cer is, by or under
this Code, empowered to determine, decide or dispose of.
2. Without prejudice to the generality of the provisions of sub-section (1), and save as
otherwise expressly provided by or under this Code:
a. no civil Court shall exercise jurisdiction over any of the matters speci!ed in the
Second Schedule; and
b. no Court other than the revenue Court or the revenue o#cer speci!ed in
 Column 4 of the Third Schedule shall entertain any suit application or
proceeding speci!ed in Column 3 thereof.
3. Notwithstanding anything contained in this Code, an objection that a Court or o#cer
mentioned in sub-section (2)(b) had or had no jurisdiction with respect to any suit,
application or proceeding, shall not be entertained by any appellate, revisional or
executing Court, unless the objection was taken before the Court or o#cer of the
!rst instance, at the earliest opportunity, and in all cases where issues are settled at
or before such settlement and unless there has been a consequent failure of justice.

Section-207 First appeal [6]

1. If a party by any chance is not satis!ed by a judgement or decree passed in a suit or
proceeding which has been speci!cally mentioned in Column 3 of the III schedule
can approach the court through !rst appeal or o#cer speci!ed against it in column
5, provided that such an order or decree is passed by court or o#cer speci!ed
against it in column 4.

2. First appeal may also be !led against order of the nature speci!cally mentioned:
a. In Section- 47 of the code of civil procedure, 1908;
b. In Section-104 of the U.P. Revenue Code, 2006;
c. Also, in order XLIII of the I schedule of U.P. Revenue Code, 2006

Section-208 Second appeal[7]

1. If a party is aggrieved by any judgement or decree passed in any !rst appeal !led
under section 207 of the said code in any suit, application or proceeding mentioned
in the column 3 of the III schedule, then such a party can go for second appeal in the
court mentioned against it in column 6.
2. Second appeal shall be entertained by appellate court only if they believe that there
is a speci!c reason or they are satis!ed that case involves substantial question of
law.
3. There is certain limitation of time period within which appeal has to be !led, as per
this section time period is 90 days from the date of order or decree appeal is !led
against.

Section-209 Bar against certain appeals[8]

1. Notwithstanding anything mentioned in Section 207 and 208, no appeal can be !led
against order or decree:
a. passed under chapter V of U.P. Revenue Code, 2006
b. granting or rejecting an application for condonation of delay under Section 5
of the Limitation Act, 1963;
c. an application rejected for review;
d. where an application is granted or rejected for stay;
e. remanding the case to any subordinate court;
 f. where the nature of order or decree is interim.

Constitution of Revenue Courts:

Section 4(16) of UP Revenue Code, 2006 ‘Revenue Courts’ include or say constitute of
1. Board Members (Both admin and judicial):
This board generally constitutes of Chairman and any other member as may be
appointed by the government of state.
The main function of this Board is to act as chief controlling authority in matters
relating to disposal of cases, appeals or revision. Also, subject to the
superintendence, direction and control of the State Government, in all other matters
provided in this Code

2. Commissioners or Additional Commissioners:

A commissioner shall be appointed by state government in each division. State
government may also appoint one or more additional commissioner in one or more
division.

3. Collectors or Additional Collectors:

A collector is a person who is in charge of revenue administration. So, a state
government shall appoint in each district a commissioner and may also appoint one
or more additional commissioner in one or more district.

4. Assistant Collectors:
The state government has the authority to appoint as many people as it thinks !t for
the post assistant collectors of the !rst or second class. Assistant Collector !rst class
in charge of one or more sub-divisions of a district shall be called the Assistant
Collector !rst class in-charge of a sub-division or a Sub-Divisional O#cer. Further
state government if required so may appoint an assistant- collector !rst class to be
additional sub-divisional o#cers for one or more tahsils in a district.

5. Chief Revenue OScers:

Role of a revenue inspector is to look after proper maintenance, supervision and
correction of village records or for any such other duties. The collector has power to
appoint one or more tahsil in each district
6. Settlement O#cers
7. Assistant Settlement O#cers
8. Record O#cers
9. Assistant Record O#cers

10. Tahsildars and Tahsildar (Judicial):

The state government may appoint as many persons it considered to be required as
tahsildars in each district.

11. Naib Tahsildar:

 The State Government may appoint in each district as many persons as it thinks !t to
be Naib-Tahsildars.

All the above-mentioned heads constitute or we can say are the part of revenue Courts.

Conclusion
In this paper we have looked upon an important part of land law i.e., U.P. Revenue Code,
2006, how this code introduced revenue courts. Constitution of revenue courts is very well
detailed in the above-mentioned code.

Further these revenue courts play a very important role as they are empowered with
di"erent powers which they can exercise from time to time when required however the
same is to be done within their respective jurisdiction.

End-Notes:
U.P. Revenue Code, 2006, bareactslive.com