Author: Anirudh Singh Raghav
Manipal University Jaipur
Revenue Court (Farmers and Law)
In Section 256 of the Land Revenue Act, various provisions have been made for the recovery of land revenue or arrears in the form of Revenue Act or Rajasthan Public Money Recovery Act [ Land Revenue Act or Public Demands Recovery Act]. Under this, all the amounts payable to the State Government or any of its departments or officers under the Act for fees, fines, penalties, forest rights, fisheries, natural produce of mills land, water rates, irrigation charges or for maintaining or managing public works, minerals. The right to recover the arrears of land revenue to all the amounts payable to the State Government under royalty and any grant lease agreement.
Under the above provisions, the amount payable under the contract cannot be recovered as such can be recovered or a civil claim should be made under the provisions of the National Demands Recovery Act. No amount payable by the sarpanch to the panchayat can be recovered under section 256. The Forest Act, the Excise Act, Minerals, the Land Tenancy Act and the arrears of Central or State sales tax can be treated as land revenue.
In section 257 of the Act, any outstanding amount can be settled in the same manner as the amount pay able by him / herself. If the surety holder has kept any of his immovable property in surety, then the outstanding amount can be recovered from such immovable property. It would be appropriate to say here that if the outstanding amount can be recovered from the debtor or his immovable property, it would not be justifiable to recover such amount from the surety, because no direct or indirect lam reaches the surety. Surety is given many times for different reasons, including sentiment or affection.
Section 257 [a] of the Act has provides that any officer, who is responsible for recovery of scams, shall first submit a written application to the District Officer, which shall contain the following details [a] Name and designation of the officer, [b] debtor Name and address of, [c] dues – amount and type of (d) period and date on which it is first due, (e) order of recovery, [f] property details and [g] other necessary details It has been provided in the halt that appeal can not be made against the order of the Revenue Officer who has taken action to recover the amount but such order can be monitored according to the decisions of the Board of Revenue. In such a case, an application can also be made to the District Collector to cancel the sale.
Section 257 [b] provides that if the debtor, against whom an action is sought under section 256 or 257 of the Act, such person is pending before the expiry of the bidding of any immovable property attached to such action. Will be able to pay the scam. In order to do this, he has to make a written application to the executing officer. The action of the attachment and endorsement will be Declared void after such payment. Same pitcher Has been provided in sub-
section 5 that appeal can not be made against the order of Revenue Officer who has taken action to recover the amount but such order can be monitored according to the decisions of the Board of Revenue. In such a case, an application can also be made to the District Collector to cancel the sale.
Section 258 provides for the recovery of expenses incurred in arrears of revenue. The jurisdiction of the Civil Courts has been amended in section 259. No dispute related to the provisions of the Revenue Act may be taken into consideration by the Court of Law.
The provision of section 260 is full of inconsistencies. The Land Revenue Act primarily deals with Farmers. Land is the major means of livelihood of the farmer. The farmer and his family depend on the land for maintenance. The right to livelihood was considered a fundamental right through Article 21 in the Indian Constitution. All the provisions made in the Act relate to this fundamental right of the farmer. They wanted that the land disputes would be heard directly in the High Court, mainly between the farmer and the government. But section 260 of the Act does not even give the right to civil courts.
Revenue courts have been set up for the dispute, including Naib Tehsildar, Tehsildar, Sub Divisional Officer, Additional Collector, Collector, Revenue Appeal Officer and Revenue Board excluding the judicial members of the Board of Governors. Tehsildars are from the service. Even the post of Chairman of the Board of Revenue is held by an officer of the Indian Administrative Service.