f Slat Chapter — V JAMMU & KASHMIR LAND REVENUE ACT-Svt. 1996 (1939 A.D.) 1) Introductory : The Land Revenue Act is the basic revenue law which has a pivotal role and is a guide-master and governs other Acts ion. It is the basis of and Laws dealing with revenue administrati all revenue laws and most of the definitions, terminology and procedure adopted by other Acts and laws is based on this basic law. It deals with classes and powers of various Revenue Officers, the procedure for appeals, review and revision of the orders passed by the Revenue Officers, services of summons and their appearances, village officers and their appointments. It deals with preparation of record of rights, annual records and revision thereof and trial of suits. It lays down the procedure for assessment of land revenue, surcharge and cesses and collection thereof by the revenue agency, including the procedure for recovery of land revenue and arrears. It lays down a comprehensive procedure for recovery of land revenue and other sums due to the Government to be recovered by the Revenue Officers or other Public Servants entrusted with such recoveries, as arrears of land revenue. The Act further deals with the powers and procedure for issue of summons, their mode of service and enforcement of attendance of the parties. when required, to decide a particular matter, issuing of proclaimations and powers of Revenue Officers to conduct the enquiries and furnish reports. 62ee Chapter-lV, Section 21. 0 i preparation of Resor’ vt Right deal with the provisions and operations, is issued by the Gov of Rights or Annual Record assesment of land revenue en, notification for settelment ernment, for Tevision of Record » Procedure for making Reco d. and filing of suits as The Act also lays down the tights of the Gover over mines and minerals, trees standin; a g on Khalsa lands, royal and reserve trees and the procedure relating thereto, The Act further deals with cond boundaries. There is a separate chapter deal land in case of some disputes among the land holders and placing them in possession. The Act deals with arbitration. (Section 120) and lays down special procedure to be followed-under section 121, when question of title arises during settlement operations. It also lays down the procedure for execution of orders of the civil, criminals and revenue courts. Section 132 of the Act deals with imposing penalties for defaulters for failure to attend in obedience to orders of Revenue Officers. uct of surveys and ling with partition of The Land Revenue Act, has a very important section 133, to deal with prevention of encroachments on common lands, land reserved for public purposes and common use, also the amount of punishment which can be imposed for violation of the section 133 and so on and on forth. The operative sections of the Act are discussed, herein below in a simplified version :- Section 3, of the Act mainly deals with the definitions. The definitions and the terms used in revenue parlance already stand eluborately discussed in chapter III of the book. However, the term land being the basis, not only iri Land Reveriue Act but in many other Acts, is again defined as; Land, means land which is occupied or has been let for agriculture purposes i for the purposes subservient to agriculture or for pastures an 83 iincludes the si na . a such'l oe Of the buildings and other structures situated ae 5 , S and trees standing on such land as well as areas S 4 ed by or fields floating over water, and sites of Jandars ani gharats but does not include the site of any building in a town or village abadi or any land appurtenant to such buildings or sites. Section 4 says the Act does not apply to the land which is occupied as a site of a town or village abadi and is not assessed to land revenue. 4. Classes of Revenue Officers : Section 6, of the Act deals with the classes of Revenue Officers, namely :- (a) The Financial Commissioner : She (b) The Divisional Commissioner ~ Pevier (©) The Collector Dire ai ON lad (d) The Assistant Collector of Ist. Class. pv (e) The Assistant Collector of 2nd Class. (NV * i The Deputy Commissioner of the District shall be the Collector thereof, and Assistant Commissioner and Tehsildar shall be Assistant Collector of Ist Class and Naib Tehsildar as the Assistant Collector of 2nd Class. ; ee Normally, unless Government otherwise notifies, the jurisdiction of the Financial Commissioner, the Divisional Commissioner, the Deputy Commissioner (Collector) and Assistant collectors extends to the State, the,.province, the District and the Tehsils, respectively, where they are employed by the Government. The Government may however, by notification confer upon any officer, the power of Financial, Commissioner, 84Divisional Commissioner or the Collector an, i : . a and may a by virtue of notification, may also withdraw ) all such Power when Tequired The Government may also by Way of notifi upon any tant Commissioner of As: the powers of the Collector to be ex Act or any other law for the time b transferred to him by the District Col ; cation, confer sistant Settlement Officer ercised by him under the eing in force, as may be lector from time to time In case of the areas notified the Financial Commissioner shall be th The Divisional Commissioner and the Collector shall respectively include the Settlement Commissioner and Settlement Officer and the Assistant Commissioner, shall include the Assistant Settlement Officer and Settlement Tehsildar and Naib Tehsildar. The jurisdication of such officers shall however, only be confined to the areas and tracts notified for settlement operations for settlement Operations, Settlement Commissioner Superintendence and controls :- Section 8, of the Act provides that general superintendence and controls over the various Revenue officers appointed under the act shall be vested with the Government. The Divisional Commissioner, the Collectors and Assistant Collectors shall be under the Control of the Financial Commissioner. Similarly, subject to the control of Financial Commissioner, the Collectors and all other Revenue Officers shall be under the Control of Divisional Commissioners in the division and all Revenue Officers under the Collector in the district. Powers to distribute business, withdraw and transfer cases:- The Financial Commissioner, Divisional Commissioner Or the District Collector has the power to assign Cee writing to any of the Revenue Officers under their signee Similarly, the Financial Commissioner, Divisional Commiss : 95and the Collector have the power to withdraw any case Pending before any Revenue Officer under their control and may either dispose it of personally or may by written orders assign it to any other Revenue Officer for disposal, legally competent to dispose such cases. Appeals and-their Limitations :- G\\ | ° The provisions for filing appeals under section 11 and 12 of the Act are as under :- a) To the Collector when the order to be appealed is passed by the Assistant Collector Ist Class and the period of limitation is 60 days. b) To the Divisional Commissioner when the order is passed by the Collector within 90 days, c) To the Financial Commissioner when the order is passed by the Divisional Commissioner within 90 days. However, in the districts of Ladakh, other bad pockets and backword areas, notified by the Government, twice the period for filing the appeals is allowed Further, the provisions of the Limitation Act Svt. 1995, as are applicable to the appeals, revision and review as in cases of Civil Court shall also apply to the appeals preferred under the Act. When an order passed by an officer is confirmed in peal, the second appeal shall not lie, except on the grounds mentioned in section 100 of C.P.C. on the grounds where the orders passed are Contrary to law, or material issues are involved and some substantial error has surfaced on the face of the orders and is available only on substantial question first ap 86Ye o preview * section 13, of the Act lays down the provisions for view. A Revenue Officer may either on his own motion or on the application of any party interested, review, modify, reverse or confirm any order passed by him or by his predecessor in office. Provided that when Divisional Commissioner or Collector thinks necessary to review the orders which he has not passed or a Revenue Officer below the rank of Collector proposes to review the order passed by himself or his predecessor, he will have to obtain the sanction from the next higher Revenue Officer. The period for filing application for review is 90 days and twice the ordinary period for Ladakh district and other notified bad pocket areas. An order shall not be modified or reversed unless reasonable opportunity of being heard is provided to the other party to be effected by such modification or reversion. ‘An order, against which an appeal has been filed, shall not be reviewed. No appeal shall lie against the refusal order for review or confirming’ the previous orders on review. 7 Revision : [Section 15] The Financial Commissioner and the Divisional Commissioner may at any time call for the record of any case pending before or disposed of by any Revenue Officer under their control. . In case the Divisional commissioner is of the opinion that the order under revision needs to be modified or revised, he shall report the case with his opinion and recommendations, 87for orders, to the Financial Commissioner, The Financial Commissioner after giving an Opportunity of hearing to the parties may pass an order as he thinks fit. In other words the revisional Power virtually lies with the Financial Commissioner. No limitation is prescribed for filing a revision under Land Revenue Act* and thus provisions of Section 3 of J & K Limitation act are not applicable to these provisions of the Act. Powers of Revenue Officers to Summon Persons and procedure thereof :- Section 15-A, 15-B, 15-C, 15-D, and 16, relate to the process of summons. A Revenue Officer may summon any person whose attendance he considers necessary for purposes of any business before him. The person so summoned shall be bound to appear personally for through legal recognized agent and is obliged to produce any record or get his statements recorded relating to the matter as the Revenue Officer may require. The Revenue Officer may issue summons to such persons to be served upon him personally or any adult male member residing with him. This is known as “Single Parta Notice”. In case of refusal to accept such summons, the summons may be served by pasting a copy thereof at the usual or last known address and place of residence or on same conspicuous place or near the estate wherein the land is situated. The pasting of such summons need be witnessed by two witnesses. This is known as “Do Parta”, summons in revenue parlance. A summon may also be sent through Teqistered post under the Indian Post Office Act 1989 and the Revenue Officer may presume that the service stands done. Lastly service of the summons can be made through publication, beat of drums or any other customary method prevalent in the locality. The 2099 Val. I Srinagar Law Journal Page 20, Aktara V/s state of J&K 88° a Gat» 12) ~ . ee publication may also be done ina Daily Newspaper in Jocal language having the maximum circulation in the area A Revenue Officer may for excersing his powers under the Act, sit_at any place within the local limits of his jurisdiction and may also pass orders on a day declared to be a holiday and such orders shall not be invalid on account of such holiday. (Section 17 and 18) Record of Rights and Annual Record i In Revenue parlance these are called “Misalhaqiet and Jamabandi* respectively. The record of rights is prepared estate- wise under section 21 of the Land Revenue Act. Record of ights and Annual record of an estate are the most vital records. The idea of annual record was floated by one Mr. Thompson. The record of right has got the evidence value in the eyes of law. Section 31 of the Act says that any entry made in the record of rights or annual records prepared in accordance with law and rules, shall be presumed to be true, unless contrary is proved. The record is, however always subject to challenge and change. The Record of Rights (Misalhaquet) is a record prepared at the time of settlement operations( It is a register containing the details relating to each holding and field known as Khewat, Khata and Khasra numbers. It gives the details of class of soil, sources of irrigation, number and kind of trees, rights of land holders and tenants, rents, land tevenue, cesses, the customs in the village and right to irrigation etd. It also contains (ie Recor table of land holders known as “Shajra Nasab”. The Record of Rights also contains the map of the estate Showing Khasra numbers and boundaries of each field and the estate. The Financial Commissioner may with the prior sanction of the Government ask for such other documents to be enclosed with the Record of Rights, as may be required) 89A = Any Person or land holder aggrieved by any entry in Record of Right May institute a suit for correction and declarator decree under section 32 of the Act, before the Deputy Commissioner [Collector] with in a period of one year. In case of annual tecord the same Provisions shall be applicable for correction. However, the provision prescribed in the Limitation Act 1995, shall also be applicable. This right is also open to an occupancy tenant to contest his rights. These provisions shall not however, be applicable in a case where a person intends to bring a suit for correction of Records of Rights of the preceding settlement. -® Annual record is the revised version of the Record of Rights and is known as Jamabandi or “Jamabandi Charsalla”, - ‘As a process of changes in revenue record due to death of right holders, alienation of their rights by gift, mortgage or sale, are brought on record through mutations attested by the Revenue Officers. All such changes are incorporated in the annual record. It is, therefore, an updated copy of the Record of Rights. The details of Record of Rights and Annual Record, however, also stand discussed in Chapter-III of this book. Royal and Reserve trees in the state and provisions relating thereto: Deodar, Chir, Kail, Iri or Budhlu Kachhel or Rial, Padam, l ae Dhup, Chinar, Chikri, Blue Pine, Fir and Kathal, have been ¥ Q o - y notified and declared as royal trees. Mulberry or Tut and berry have been declared as reserve trees. These royal and reserve trees cannot be cut or sold without the permission from the competent authority, even if they stand on the private land and any violation of these rules shall invite punishment either fine of Rs. 500/- or criminal prosecution. The wood if so felled shall be confiscated. Trees standing on Khalsa, waste and forest land, mines and minerals and provisions relating thereto: The ownership of trees on khalsa and forest land, mines 90ace om and minerals shall be that of the state. However, removil of leaves of trees in Khalsa land for agriculture purpose and purposes subservient to agriculture shall be allowed. In case of land, where minerals or mines have been found, the landholders shall be allowed compensation of land as per the provisions of the state land Acquisition Act, if otherwise eligible Assessment of land revenue on agriculture land and surcharge during the settlement operations :- Land Revenue and cesses were the main source of income for the Government right from Mughal period, British and the tulers of Princely States. Post independence period in the country has witnessed a drastic change in the sources of Government revenue from other sources than the land revenue. Similar situation emerged in the state of Jammu & Kashmir also. Section 54-A was inserted in the Jammu and Kashmir Land Revenue Act in the year 1967, where-under land holders whose amout of land revenue payable, did not exceed Rupees nine, were exempted from payment of land revenue and subsequently, the land revenue, has out-rightly been suspended in the year 2005, in the state Eyen in the current settlement going on, in the column of land revenue, the old land revenue amount is being entered without any new assessment. No such rates of assessment are being worked out in new settlement operations. Although, presently there is no land revenue payable by the land holders to the government, yet for academic purpose, the principles of making assessment during new settlement operations, needs to be precisely explained. The Settlement Officer on completion of record of right, proposes a particular amount as land revenue and surcharge for an estate, keeping in view the quantum and kinds of soil whether irrigated, un-irrigated, the average produce out of the land and the number of fruit bearing trees in the estate. This is called “Bachh” in the revenue parlance. The amount so fixed is further 91aivided ON the | amount ammark revenue pe ands of clace ' ands of class 1, 2, 3, and so on, including an rial swe a ee Qisamwyar, On the basis ft mach a on WL Me A Party Cindividualawigg sis 0 such ame ie Assamiwar» \ Se) amount of land revenue and surcharge payable 'S Workded out on land “Kardbachh” and “Dhalbash» are Prepared for the estate, However, during the course of this exercise, the land holders are also taken into confidence ang their opinion is also considered while working out the levy of land revenue The assessment so worked is subject to the approval by the Settlement Commissioner and finally the Government, The assessment so made is declared as final after its confirmation by the Government. The assessment so made, if the landholders feel, is on the higher side or is unrealistic, they are at liberty to file an application for reconsideration of the assessment amount under section 45 of the Land Revenue Act. Once the assessment is confirmed by the Government under section 46 of the Act, it will remain in force till new assessment is made in next settlement. The assessed amount of land revenue for an estate becomes the annual demand for that village or estate and is recoverable by the revenue agency in the current year and un-recovered amount is declared as arrears of land revenue. Process and procedure for recovery of arrears of land revenue or any amount declared as arrears of land revenue by other . departments and financial institutions. Chapter VII if the Land Revenue Act deals in recovery of land revenue and section 61 to 92-A deal with the process of recovery and procedeure adopted for recovery of arrears of land revenue or any other amount payable to the Government or financial institutions declared to be recovered as arrears of land revenue. Once the amount is declared and notified to be 92recovered as arrears of land revenue, no argument is cognizable trom the defaulter. The defaulter has no option but to deposit the Amount, may be under protest. The provision for imprisonment is simple one under the Act but the expenses on food ete. during the period of imprisonment are added to the recoverable amount on day to day basis. The processes of recovery are as under :- * Service of a “Writ of Demand” on the defaulter. It is called “Dastak”. + Arrest and detention of the defaulter. + Distress sale of movable property, uncut and un-gathered crops + Transfer of Holding in respect of which arrears are due. + Attachment of Holding or Estate. + Annulment of the assessment of the Estate. + Sale of the Estate or Holding. + Proceedings against other immovable property. The above stated provisions are briefly explained as follows :- Writ of demands : The writ of demands is a notice issued on the defaulter as and when the land revenue or other amount is declared as land revenue arrears. It is also called “Dastak”. This is the first mode of recovery process adopted by a Revenue Officer. Arrest and detention of the defaulter : At any time after an unpaid amount of arrears of land revenue remains unpaid, Tehsildar may issue warrant of arrest of the defaulter and may keep him under personal restraint for a period of six day and shall inform the collector, in case the arrears are not paid in six days, the Tehsildar may cause him to be taken before the District Collector who may send the defaulter 93to the civil jail for 30 days and also may inform the pa. commissioner. This process shall not be cee ae female, minor or lunatic. Besides this, so long as 8 in jail no other process shall be enforced simple imprisonment, 'StOnal Against 4 as the defaulte, Against him, jt isa Distress sale of movable property, uncut and un- at crops : Bathered The amount due as arrears shall be recovered by sale of movable property or crops in accordance with the Provisions of civil procedure code, applicable to the decree of a Civil Court in case the amount still remains unrecovered. The sale Proceeds shall be adjusted against the amount due. Transfer of Holding :- The District Collector may after a notice to the defaulter, transfer the land to some other landholder in the estate who himself is not a defaulter and may ask him to deposit the arrear amount before placing him in possession of the land The period for such transfer shall be till the payment of arrear amount or 15 years whichever falls earlier but not beyond the term of current settlement. The Collector shall have to inform the Divisional Commissioner who may pass such orders he thinks fit and has also got the powers to set aside the transfer. After the period of transfer the land will revert back to the defaulter, free of any claim or encumbrances. Attachment of land or holding : The Collector may for the purposes of the revovery of arrears, attach the land for a period of five years and appoint an agent to manage the affairs of the land till the amount due as arrears is recouped even earlier to five years and surplus profit, if any, shall be made over to the landholder. In such an arrangement the right of tenants, if any over the land shall not be disturbed. 94The Collector will have to inform the Divisional Commissioner who has the authority to revoke the attachment or tO pass some other Appropriate orders, as he deems fit Annulment of assessment of estate or holding. Annulment or invalidation or abolition of assessment is enforced when all the aforementioned processes of recovery are not found sufficient. Assessment is a contract between the landholders and the state. This process is executed by the Divisional Commissioner, after a notice to the defaulter. The process shall not remain in force exceeding a period of 15 years Once the annulment is sanctioned by the Divisional Commissioner, the Collector may with the prior sanction of Divisional Commissioner himself manage the land or may appoint an agent or may let the farm to a person on certain conditions till the current settlement. However, this process shall not be invoked in case of land under the charge of the court of wards. When the assessment of the holding is annuled, the Land revenue becoming due after annulment shall remain in abeyance till new settlement. A proclamation is issue by the collector in this behalf and once the proclamation is issued no payment shall be accepted from the defaulter without prior permission from the Collector. Sale of Estate or Holding :- In case the foregoing processes are not found sufficient for recovery of arrears of land revenue, the Collector may with the prior permission from the Divisional Commissioner, invoke the process of sale of estate or holding in respect of which the arrears are due and remain un-recovered. However, in respect of land under the charge of court of wards or under attachment the process shall not be enforced. 95The land once sold shall be free from encumbrances to the purchaser but the rights of the occupancy, if any, on the land shall not be affected and shall remain intact. This is the harshest Process of recovery. Proceeding against other immovable property of the defaulter:- Section 71, of the Act lays down that if the recovery could not be made through all other processes, the Divisional Commissioner may direct the Collector of the District to enforce this process. A proclamation is issued by the Collector prohibiting the defaulter, the transfer of property. In case the defaulter pays the arrears, the proclamation can be withdrawn by the Collector and recovery proceedings shall stop. Procedure for sale :- On receipt of the sanction from the Divisional Commissioner, for sale of the immovable property the Collector shall-issue a proclamation, specifying the date, time and place of sale. If the property to be sold is an estate or holding, the amount of land revenue assessed on such estate or holding, also specifying the encumbrances, tenancy right etc. on the estate which shall be mentioned in the proclamation. The copy of the proclamation shall be pasted on the conspicuous places in the office of the Tehsildar and the Collector. The procedure laid down in civil code shall be followed in respect of issue of proclamation for sale. The persons eligible to purchase the property shall be allowed to stand the bid and the highest bidder shall have to deposit 25% of the bid money on spot and on payment of the whole amount, shall be declared as the purchaser of the property and the time allowed shall not be more than 15 days. The report of such sale shall be made to the Divisional Commissioner by the Collector forthwith. The Divisional Commissioner, has the powers to set aside 96the proceedings on the application of grounds of substanti proceedings the party affected on the al loss, some irregularity or mistake in sale The sale once confirmed by the Di sional Commissioner, the surplus if any out of the sale Proceeds, after making good the arrears of land revenue and the cost incurred during the Process, shall be made Over to the defaulter whose land was sold Recovery of certain arrears or sums recoverable as arrears of land revenue by the Revenue officers : (Chapter-VIII, section 90 to 92-A): An officer whose duty is under any law in force to realise and recover any sum of money, lawfully, recoverable as arrears of land revenue, instead of filing a suit, may request the Collector having jurisdiction to Tecover the same as arrears of land revenue. Such a request should be forwarded in writing with a certificate showing the correct amount and the date from which it is due. It includes the sums like fees, fines, costs, Tates, cesses under the Act, including the land revenue, on account of pastures; natural products, compensation of land acquired by the government, received by any person, not entitled to receive such compensation. Apart from this any other amount recoverable by different departments like irrigation on account of water taxes used for irrigation purpose, other amount recoverable like education loans, loans for flood control, ioans to artisans and craftsmen, any amount due on account of sureties, posts and telegraphs, food and supplies, customs, agriculture department, housing loans, national Joan scholarships, industrial loans, subsidies, loans for horticulture purposes and all other sums payable to the Government as may from time to time, by notification in the Sovernment gazette declare, to be recoverable as arrears of land Tevenue. The process of recovery mentioned herein above shall 97y mutati i ; ae = ae mutandis to all such recoverable amount which bec es due to the government and becomes recoverable as arrears of land revenue. : Surveys and Boundaries :- A Revenue officer may for the purposes of preparing record or making assessment under this Act or on the application of any interested person or party, define the limits of an Estate or any field, holding, tenancy or any part of an Estate and may get the survey marks erected or repaired if the existing marks are damaged. The Revenue Officer has the powers to depute an Officer subordinate to him for taking such proceedings. Under section 95 of the Act, a Revenue Officer may place a party in possession of the land, within a period of six months of the dispossession preceeding the date of order, provided the party so dispossessed was in lawful possession of the land previously and the land adjacent to the boundaries, was illegally encroached upon by the other party or a person. In case a period of dispossession is more than six months old or a party is dissatisfied with the orders of a Revenue Officer, the remedy lies with the Civil Court for determination of title and seeking possession of land. It may be appropriate to mention here that no order under this section shall be passed by an officer, below the rank of Assistant Collector of the first class and in case of an officer below in rank, shall have to submit the case to the Assistant Collector of First Class for orders. Under section 98 of the Act, a Revenue Officer has the powers to enter upon any land for conducting survey and for demarcation of the boundaries (Nishandehi) of an Estate or a field and to do all such acts as are necessary for proper discharge of his duties as such officer and no legal proceedings can be instituted against him on this account. 98During the surveys for the purposes of preparation of the records of settlement operations, a notice and proclamation js required to be issued to the interested land holders and they shall be liable to attend in response to such notice. Survey marks (Sehadas) are erected in presence of the land holders and in case any person willfully damages or destroys such survey marks, a Revenue Officer may impose a fine upto Rupees fifty for each such damage and a person shall also be prosecuted under section 434 of the Ranbir penal Code. Partition and Proceedings thereof :- Partition proceedings are conducted by a Revenue Officer not below the rank of Assistant Collector of the First Class, under Chapter X of the Jammu & Kashmir Land Revenue Act 1996 and Partition Rules 1970. It is mainly of two kinds : 1. Where the shareholders of a joint holding of land or any joint protected or occupancy tenant makes an application to the Revenue Officer for partition of his share of land or tenancy. Il. Where the partition has been made by the parties privately and approach the Revenue Officer for getting the same implemented in Revenue Record. Partitions by orders of a Revenue Officer :- Where a joint shareholder of land or occupancy or protected tenant intends to seek partition of his share, may apply to the Revenue Officer, not below the rank of Assistant Collector of the First Class, who will issue notice to the parties who have the right or interest in land and are co- sharers, Where a landlord objects to the partition ofa tenancy, are deemed as sufficient reasons for disallowance of partition. After hearing the interested parties, the objections filed by them if any, the Revenue officer shall enquire into the merits of the objections as per the procedure laid down in the code 99of civil PTOCedure for tri partition rules al of suits and dispose them of under Instrument of Partition :- parition, sath oe Officer decides to proceed for “Sadarnama ‘Ts a pare es instrument of Partition known as Wise eoanes ae m” in form No 4, on a non judicial paper. ich gives the details of the shares of the co- shares, will keep in view the quality of soil “Nakas and Kamal”. It also contains the details of trees as to how they are to be distributed among the shareholders and.or tenants After the partition proceedings are completed, three documents viz. Shajra Nasab of the co-sharers, Khatauni and field book are prepared and entries of possession are made in the Revenue Record. It may be pertinent to mention that the places of worship, cremation and burial grounds held on common before partition, shall continue to be held so even after partition unless the parities otherwise agree among themselvés. Similarly the partition of any embankment, water course, well or water tank, any grazing ground or any other site of a village or town which is assessed to land revenue, shall be refused for partition, if the Revenue Officer is of the Opinion that the portion of such property shall cause inconvenience to the co-sharer or any other person directly or indirectly interested in such property, sought for partition. Private Partition : Where the partition has been made by the parties privately on their own,under section 118 of the Land Revenue Act. and approach a Revenue Officer for its implementation in Revenue Record, the Revenue Officer will conduct a summary enquiry before attesting the mutation as per the procedure laid down in standing order 23-A (Mutations), in case the parties agree to such private partition and anybody does not object to such 100private partition and will farther ensure that the Partition is in confirmation with the rules and will see that the ri ee i co-sharers or individuals are not infringed. If the Bee a y made by the parties is found in order, the mutation ‘all be attested by the Tehsildar, giving effect to such partition, e Partition of Shamilat Land : A joint holder of land may file an application for partition of Shamilat land, before a Revenue Officer and if he finds that the application is tenable in reference to revenue record, will proceed further to ascertain individual shares of all the co-sharers and the question of titles of the share holders and shall pass orders for partition of shares, giving reasons thereof. The share of co-sharer in shamilat land shall be proportionate to his ownership holdings in a particular estate. After completion of partition proceedings of the Shamilat Land, a Revenue Officer shall place each co-share in possession of the land to which he is entitled under the partition. In case a co-sharer in shamilat is fount'to hold shamilat land in excess of the share to which he is entitled, or he has made some improvement over the land, he shall be given an option to excharge equal area of his basic holding or other shamilat for distribution among other co-shares of shamilat land, who-are found in possession of shamilat less than the share to which they | are entitled. Where a person who is not a Co-sharers in shamilat Or a person in excess of shamilat share refilses to avail the option of exchange, shall be ejected and land will be allotted to those co-sharers who are found to have less share in shamilat land than their due share.’ In case such a person has raised orchard or grown other trees or have raised some building or structure, shall be given three months time from the sanction of Partition, to remove such trees or structures and in case of denial, shall be forcefully evicted. It may be mentioned that the proceedings under partition” 101shall not be taken by a Revenue Officer below the rank of an Assistant Collector of the first class.