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Srivastava then contended that the High Court correctly analysed and appreciated the scheme of the Code vis a vis judicial review in revenue matters | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Learned counsel put heavy reliance on the decision of this Court in the case of Ishwar Singh vs | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
State of Rajasthan and others,(2005 | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
2 SCC 334 2005 Indlaw SC 6 for the proposition that there can be a second revision under the same provision of the Statute | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The only question that falls for consideration is as to whether a second revision under Section 257 is maintainable and that whether the State Government exceeds its jurisdiction in entertaining the second revision | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Before we proceed to decide the aforesaid question,we would like to refer the relevant provisions of the Maharashtra Land Revenue Code 1966 | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Section 2(31) defines the Revenue Officer as under:- "2 (31)" revenue officer" means every officer of any rank whatsoever appointed under any of the provisions of this Code,and employed in or about the business of the land revenue or of the surveys,assessment,accounts,or records connected therewith | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Chapter II deals with the Revenue Officers,their powers and duties | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Sections 5,6 and 7 reads as under:- "5.Chief Controlling authority in revenue matters | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The chief controlling authority in all matters connected with the land revenue in his division shall vest in the Commissioner,subject to the superintendence,direction and control of the State Government | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
6.Revenue Officers in division | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The State Government shall appoint a Commissioner of each division; and may appoint in a division an Additional Commissioner and so many Assistant Commissioners as may be expedient,to assist the Commissioner: Provided that,nothing in this section shall preclude the appointment of the same officer as Commissioner for two or more divisions | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
7.Revenue officers in district.(1)The State Government shall appoint a Collector for each district (including the City of Bombay who shall be in charge of the revenue administration there of; and a Tahsildar for each taluka who shall be the chief officer entrusted with the local revenue administration of a taluka | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The State Government may appoint one or more Additional Collectors and in each district (including the City of Bombay and so many Assistant Collectors and Deputy Collectors (with such designations such as "First","Second",Super numerary",etc | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Assistants as may be expressed in the order of their appointment),one or more Naib-Tahsildars in a taluka,and one or more Additional Tahsidars or Naib-Tahsildars therein and such other persons (having such designations) to assist the revenue officers as it may deem expedient | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
3) Subject to the general orders of the State Government,the Collector may place any Assistant or Deputy Collector in charge of one more sub-divisions of a district,or may himself retain charge thereof | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Such Assistant or Deputy Collector may also be called a Sub-Divisional Officer | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Collector may appoint to each district as many persons as he thinks fit to be Circle Officers and Circle Inspectors to be in charge of a Circle,and one or more Talathis for a saza,and one or more Kotwals or other village servants for each village or group of villages,as he may deem fit | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Section 11 of the Code is worth to be quoted herein | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
below:- "11.Subordination of officers | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
1) All revenue officers shall be subordinate to the State Government | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
2) Unless the State Government directs otherwise,all revenue officers in a division shall be subordinate to the Commissioner,and all revenue Officers 2[in a district (including the City of Bombay)] shall be subordinate to the Collector | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
3)Unless the State Government directs otherwise,all other Revenue Officers Including survey officers shall be subordinated,the one to the other,in such order as the State Government may direct | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Sections 13 and 14 deal with the powers and duties of all Revenue Officers | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
From reading of the aforesaid provisions,it is manifest that the State Government makes appointment of the Revenue Officers including the Commissioner and the Chief Controlling Authorities in the revenue matters | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Section 5 makes it clear that the Chief Controlling Authority in all matters connected with the land revenue in his Division shall vest with the Commissioner,subject to superintendence,directions and control of the State Government | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Section 11 provides that all Revenue Officers shall be subordinate to the State Government | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is,therefore,clear that in revenue matters the State Government is the Supreme Revenue Authority | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In the present case,we noticed the scheme of the Code in the matters of hearing and disposal of appeals,revision and review | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Section 247 deals with the appeal and appellate authorities,which reads as under:- "247.Appeal and appellate authorities | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In the absence of any express provisions of this Code,or of any law for the time being in force to the contrary,an appeal shall lie from any decision or order passed by a revenue or survey officer specified in column 1 of the Schedule E under this Code or any other law for the time being in force to the officer specified in column 2 of that Schedule whether or not such decision or order may itself have been passed on appeal from the decision of order of the officer specified in column 1 of the said Schedule | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Provided that,in no case the number of appeals shall exceed two | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
2) When on account of promotion of change of designation,an appeal against any decision or order lies under this section to the same officer who has passed the decision or order appealed against,the appeal shall lie to such other officer competent to decide the appeal to whom it may be transferred under the provisions of this Code | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Section 248 is also relevant which provides the forum of appeal to the State Government | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Similarly,Section 249 makes provision of appeal against the review or revision | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The schedule preferred to in Section 227 mentions the Authorities before whom appeal would lie | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Schedule appended to the Code is as follows:- Schedule E (See section 247 | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Section 257 is the relevant provision which deals with the power of State Government and of certain revenue and survey officers to call for and examine the records and proceedings of Subordinate Officers | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Section 257 reads as under:- "257.Power of State Government and of certain revenue and survey officers to call for and examine records and proceedings of subordinate officers | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The State Government and any revenue of survey officer,not inferior in rank to an Assistant or Deputy Collector or a Superintendent of Land Records,in their respective departments,may call for and examine the record of any inquiry or the proceedings of any subordinate revenue or survey officer,for the purpose of satisfying itself or himself,as the case may be,as to the legality or propriety of any decision or order passed,and as to the regularity of the proceedings of such officer | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A Tahsildar,a Naib-Tahsildar,and a District Inspector of Land Records | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
may in the same manner call for and examine the proceedings of any officer subordinate to them in any matter in which neither a formal nor a summary inquiry has been held | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
3) If in any case,it shall appear to the State Government,or any officer referred to in sub-section (1) or sub-section (2) that any decision or order or proceedings so called for should be modified,annulled or reversed,it or he may pass such order thereon as it or he deems fit | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Provided that,the State Government or such officer shall not vary or reverse any order affecting any question of right between private persons without having to the parties interested notice to appear and to be heard in support of such order | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Provided further that,an Assistant of Deputy Collector shall not himself pass such order in any matter in which a formal inquiry has been held,but shall submit the record with his opinion to the Collector,who shall pall such order thereon as he may deem fit | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A bare reading of the aforesaid provision would show that the provision uses the word 'and' for State Government but for other Revenue officers | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
it uses the word 'or'.The language and the words used in the said provision suggest that jurisdiction of the State Government is concurrent with the jurisdiction of other Revenue officers in deciding the revision | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Hence,even if one party goes to the Commissioner in revision,the State Government can still be approached under Section 257 for revision | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The power of revision exercised by any Revenue officer including the Commissioner is a proceeding by a subordinate officer and the State Government can satisfy itself as to the legality and propriety of any decision including the order passed in revision by the Revenue officers | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Further,in view of the fact that State Government itself appoints the Revenue officers including the Commissioner under the scheme of the Code and all Revenue officers are subordinate to the State Government as per Section 11 of the Act,and even the Chief Controlling Authority in all matters connected with the land revenue in his Division is vested with the Commissioner,they are subject to the superintendence,direction and control of the State Government as provided under Section 5 of the Code | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The power of the State Government has further been widened by Section 259 of the Code,which reads as under:- "259.Rules as to decisions or orders expressly made final Whenever in this Code,it is provided that a decision or order shall be final or conclusive,such provision shall mean that no appeal lies from any such decision or order; but it shall be lawful to the State Government alone to modify,annul or reverse any such decision or order under the provision of Section 257 | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The aforesaid provision makes it clear that even if the decision is considered to be final,the State Government's power to call for and examine the record and proceedings of subordinate officers is saved | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In other words,the State Government in exercise of its revisional as well as general power of superintendence and control can call for any record of proceedings and consider the legality and propriety of the orders passed by the Revenue officers under Section 247 or 257 of the Code | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
From perusal of the entire scheme of the Code including Section 257,it is manifest that the revisional powers are not only exercisable by the State Government but also by certain other Revenue officers | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
There is nothing in the Code to suggest that if these revisional powers are exercised by a Revenue officer who has jurisdiction,it cannot be further exercised by a superior Revenue officer or by the State Government | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A fair reading of Sections 257 and 259 suggests that if revisional powers are exercised by a Revenue officer having jurisdiction to do so,further revisional power can be exercised by the superior officer or by the State Government | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A similar question came for consideration before this Court in the case of Ishwar Singh vs | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
2 SCC 334 under the Rajasthan Cooperative Societies Act,1965.In that Ac,t by Section 128 power was conferred upon the State Government and the Registrar to call for and examine the records of any enquiry or proceedings of any other matter,of any officer subordinate to them,for the purpose of satisfying themselves as to the legality or propriety of any decision or order passed by such officer | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It was submitted by the counsel that Section 128 related to two authorities i.e.the State Government and the Registrar | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In fact the two authorities are interchangeable | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
If one authority exercises revisional power,the other authority logically cannot have exercised such power | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Hence,it was argued that second revision was not maintainable | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Rejecting the submission this Court held:- "20.Sub-section (2) of Section 124 provides that if the decision or order is made by the Registrar,appeal lies to the Government and if the decision or order is made by any other person,or a cooperative society,the appeal lies to the Registrar | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Therefore,under Chapter XIII a clear distinction is made between the State Government and the Registrar | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The test is whether the two authorities with concurrent revisional jurisdiction are equal in rank | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is,therefore,not correct as contended by learned counsel for the appellant that the two authorities i.e.the State Government and the Registrar are interchangeable | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The power of the Government and the Registrar in terms of Section 128 excludes matters which are covered by Section 125 i.e.revision by the Tribunal | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Considering the entire scheme of the Code,and the provisions contained in Sections 257 and 259,we are of the definite opinion that the Minister concerned of the State Government can entertain second revision to satisfy the legality and propriety of the order passed by the Revenue Officer | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Division Bench of the Bombay High Court has elaborately discussed the question and passed the impugned order holding that Section 257 confers jurisdiction to the State Government to entertain its revision against the order passed by any Revenue Officer either in appeal or in revision | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We find no infirmity in the impugned order passed by the High Court | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Hence,this appeal has no merit which is accordingly dismissed | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Before parting with the order,we must make it clear that in view of the request made by the appellant before the High Court not to enter into the merit of the case since the party may prosecute their remedies in the Civil Court for adjudication,we have not expressed any opinion with regard to the merit of the case of the parties | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The parties may prosecute their remedies in Civil Court in accordance with law | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Petition dismissed | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This appeal is directed against the judgment and order of the High Court of Gujarat dated 28.2.1986 allowing the respondent's writ petition and quashing order of discharge from service and directing his reinstatement in service | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The respondent joined service as technical assistant with the Gujarat State Electricity Board (hereinafter refined to as the Board).He was promoted to the post of Deputy Engineer | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
While he was posted at Surat as Deputy Engineer he was transferred to Ukai subdivision under the order of the Superintending Engineer dated 29th March,1974.Pursuant to the order of transfer he was relieved from his duties at Surat on 30th March,1974 to enable him to join at Ukai | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He made representation to the Additional Chief Engineer for cancelling his transfer order on the ground that his mother aged 70 years was ailing and it would cause great inconvenience to him if he was required to join at Ukai | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
His representation was rejected and he was directed to join at Ukai but he did not do so instead he filed a civil suit at Baroda challenging validity of the order of transfer | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Meanwhile,the Chief Engineer by his order dated 27th May,1974 discharged the respondent from service with effect from 31st March,1974 in accordance with service Regulation No.113.The respondent challenged the validity of the order of his discharge from service by means of a writ petition under Article 226 of the Constitution before the High Court of Gujarat | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A learned Single Judge of the High Court quashed the order of termination on the findings that the order of discharge was issued m violation of the basic principles of natural justice as no opportunity was afforded to the respondent before discharging him from services under Regulation No.113 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The learned Single Judge granted a declaration in respondent's favour holding the order void and illegal but having regard to recalcitrant attitude of the appellant and his continued conduct of disobedience of the orders of his superior authorities,he refused to grant consequential reliefs regarding reinstatement or payment of back-wages | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The respondent as well as the appellant-board,both preferred Letters Patent appeals against the order of learned Single Judge | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A Division Bench of the High Court dismissed the appeal preferred by the Appellants but it allowed the respondent's appeal | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Division Bench upheld the order of the learned Single Judge holding the order of discharge illegal and void but it set aside the order of the learned Single Judge refusing to grant consequential relief instead it directed the appellants to reinstate the respondent,and to treat him in service without any break in service and to grant him benefits of increments,seniority,and promotion to which he may be entitled under the rules | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Bench,however,did not grant full back-wages to the respondent instead it directed the Board to pay him 50 per cent of back-wages | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Aggrieved,the appellant has preferred the instant appeal after obtaining special leave of this Court | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This appeal came up for hearing before us on 28th January,1988 and on that day | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Sh | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
B.K.Mehta,Advocate appearing for the appellants and Sh | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Vimal Dave,Advocate,appearing for the respondent were fully heard | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
After hearing learned counsel for the parties we were satisfied that the learned Single Judge as well as the Division Bench both had committed error in allowing the writ petition and granting relief to the respondent | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We expressed our view in the Court and suggested to Mr | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Vimal Dave,counsel for the respondent,that if he agreed the original writ petition of the respondent could be dismissed without directing him to refund the amount which he had already been paid by the appellants in pursuance to the orders of the High Court and of this Court as during the pendency of the appeal | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
the appellants were directed by means of interim order of this Court to continue to pay salary to the respondent which was being paid to him regularly | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The hearing was adjourned to enable Sh | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Vimal Dave,to obtain instructions from the respondent | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The appeal came up for hearing before us on 16.2.1988 when another counsel appeared to argue the appeal on behalf of the respondent on merits | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We refused to hear the counsel as we had already completed hearing | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Thereupon,the respondent himself appeared in person and sought permission to make his submissions personally | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |