LAND LAWS

Land Revenue
By Ms. Shraddha Shukla, Assistant Professor
ICFAI Law School, ICFAI University, Dehradun
VII SCHEDULE – LIST 2 – STATE LIST
 British Land Policy divided the land-tax into two – 1) The Revenue (Malguzari) and 2) The
Rent (Lagan)
 What is the difference between revenue and rent?
 Case Law – Rajvanshi v. Shyam Behari 1975 R.D. 8 (B.R.)
 S. 243

“all Bhumidhars in any holding shall be jointly and severally responsible to the State
Government for the payment of the land revenue for the time being assessed thereon…”

 Liability to pay revenue will pass on to successors, persons who get the land from a
Bhumidhar by purchase, gift, exchange or otherwise
 ‘X’ a bhumidhar died leaving behind his 3 sons – they mutually divided the holding – each
occupying 1/3rd land separately – Land revenue of entire holding is Rs. 60/- - all are jointly
and severally liable to the State Government for the payment of land revenue
 LAND REVENUE AS THE FIRST CHARGE

 S. 241

“the land revenue assessed on any holding shall be first charge on such holding and also on trees
or building standing thereon or the rents, profits or produce thereof.”

 Principle of “first charge” enunciated under S. 241

 Land Revenue is payable in two instalments – Kharif Kist and Rabi Kist
 Defaulters of land revenue – certificate from tahsildar of defaulter – conclusive evidence – S.
278 – Daya Ram v. Secretary of State, 25 ALJ 1002
 Who has the power and responsibility to collect land revenue?
 Settlement of land revenue
 REVENUE COURTS

 Column 4 of Schedule II of UPZALR

 S. 4 (8) of UPZALR – “means” – Board of Revenue and all members thereof
1. Commissioners
2. Additional Commissioners
3. Collector
4. Additional Collectors
5. Assistant Collectors
6. Settlement Officers
7. Assistant Settlement Officers
8. Records Officers
9. Assistant Records Officers
10. Tahsildars
 “No other court can be called as revenue court”
 Section 5 of C.P.C. – Application of the Code to Revenue Courts

… (2) “Revenue Court” in sub-section (1) means a Court having jurisdiction under any local
law to entertain suits or other proceedings relating to the rent, revenue or profits of land used
for agricultural purposes, but does not include a Civil Court having original jurisdiction
under this Code to try such suits or proceedings as being suits or proceedings of a civil
nature.

 In every State in India the exclusive jurisdiction has been conferred on the revenue courts in
matters relating to rent, revenue and land – Why?
 Intent of legislature – certain classes of suits should be heard by Revenue Courts presided over
by officers who had training and experience of revenue matters
 A statute ousting the jurisdiction of the civil courts must be strictly construed. (Abdul
Wahid Khan v. Bhawani, AIR 1966 S.C. 1718)
 S. 331 of UPZALR – Bars jurisdiction of civil courts in revenue matters
 Revenue courts have not been empowered to grant the reliefs of injunction and demolition
 A civil court will therefore have the power to entertain the suit where the main relief sought by
the plaintiff is that of injunction and demolition
 Once the suit is maintainable for the main relief in Civil Court there is no bar for the Civil
Court to grant all possible reliefs from the same cause of action – authority?
 REVENUE OFFICERS

 S. 4 (9) of the UP Land Revenue Act, 1901 – Revenue officer means an officer employed
under this Act in maintaining revenue records or in the business of the land revenue
 All revenue courts – except the board of revenue – are revenue officers also
 Revenue Officers also include – Naib Tahsildars, Supervisor Kanungo and Lekhpal
 Functions of land Revenue Administration –
1. Judicial – Revenue Court – Judicial matters are governed by law contained under the
Revenue Court Manual
2. Non-Judicial – Revenue Officers – Revenue matters governed by Land Revenue Manual
 Revenue Court – under the control of Board of Revenue
 Revenue Officer – under the control of State Government
 Highest Revenue Court – Board of Revenue – Judicial Body – created by?
 Territorial Jurisdiction of Board of Revenue?
 Principal Seat, Office or Headquarters – Allahabad
 Decisions of Board of Revenue are binding, like the decisions of the High Court on all the
revenue courts
 Members of Board of Revenue are appointed by the State Government from amongst the
Commissioners
 Who is the chief revenue officer of the district?
 Lekhpal’s halkas (villages of a district can be arranged in Lekhpal’s halkas) – no. of Lekhpals in
a district shall be fixed by State Government – Collector cannot change the strength of lekhpals –
he can alter the limits of lekhpal’s halkas
 Lekhpal shall maintain the map, records, registers and statements provided in the Land Records
Manual – Lekhpal is the Secretary of the Land Management Committee – works under the
direction of the Chairman
 CIVIL EXECUTION V. LAND REVENUE
EXECUTION
CIVIL EXECUTION LAND REVENUE EXECUTION

1. Of Civil Suits 1. Of Revenue Matters

2. By Civil Courts 2. By Revenue Officers
3. Transfer of Execution – from a civil 3. Revenue Court to Revenue Officers; or
court to another civil court Civil Court to Revenue Officers
4. Attachments by warrants 4. Recovery of revenue by ‘Recovery
Certificates’
5. No concept of subsistence allowance
5. Subsistence allowance