UNIT – 2

The Madhya Pradesh Land Revenue Code, 1959 (MPLRC) defines the constitution, jurisdiction, powers,
and appointment of the Board of Revenue and various Revenue Officers who are responsible for land
revenue administration in the state. Below is a detailed explanation:

1. Constitution of the Board of Revenue

 The Board of Revenue is the highest revenue authority under the MPLRC.
 It is constituted by the state government under statutory provisions of the MPLRC to oversee revenue
administration and adjudicate revenue-related disputes.

2. Jurisdiction of the Board of Revenue

The Board of Revenue has:

 Original Jurisdiction: Limited to cases specifically assigned to it by the MPLRC or other laws.
 Appellate Jurisdiction:
o Hears appeals against orders passed by lower revenue officers, such as the Collector or
Commissioner.
o Decisions made by the Board are generally final, subject to judicial review in higher courts.
 Revisional Jurisdiction:
o Revises orders of subordinate officers to ensure compliance with the law and correct errors of
jurisdiction or procedure.
 Supervisory Jurisdiction:
o Supervises the functioning of revenue courts and officers to ensure uniformity and legality.

3. Powers of the Board of Revenue

The Board of Revenue is vested with quasi-judicial powers, including:

 Reviewing decisions passed by subordinate officers or revenue courts.

 Summoning witnesses, examining records, and enforcing the attendance of parties.
 Passing final orders in revenue disputes, tenancy matters, and land ownership conflicts.
 Interpreting provisions of the MPLRC and ensuring consistent application of the law.

4. Revenue Officers under MPLRC

Hierarchy of Revenue Officers

The MPLRC establishes a clear hierarchy for revenue administration:

1. Governor (Ultimate Authority): The ultimate authority in matters of land revenue in the state.
 2. Commissioner: Heads the revenue division and supervises district-level administration.
3. Collector: The primary revenue officer at the district level.
4. Sub-Divisional Officer (SDO): Responsible for subdivisions of districts.
5. Tehsildar/Naib Tehsildar: Administers revenue matters at the tehsil level.
6. Revenue Inspector (RI): Supervises village-level revenue administration.
7. Patwari: Maintains land records at the village level.

Powers and Functions of Revenue Officers

a. Commissioner

 Supervises revenue administration across a division.

 Hears appeals and revisions against orders passed by Collectors and SDOs.
 Ensures proper enforcement of revenue laws and rules.

b. Collector

 Responsible for land revenue collection, land management, and maintaining law and order at the
district level.
 Acts as the primary appellate authority for orders passed by Tehsildars.
 Powers include:
o Approving land use conversions.
o Managing encroachment and eviction cases.
o Enforcing ceiling laws and redistributing surplus land.

c. Sub-Divisional Officer (SDO)

 Acts as a court for revenue disputes at the subdivision level.

 Supervises the work of Tehsildars in their jurisdiction.
 Decides disputes related to land records, tenancy, and partition.

d. Tehsildar

 Key officer at the tehsil level responsible for:

o Land revenue collection.
o Maintaining land records and maps.
o Resolving minor disputes related to land ownership or tenancy.
o Removing encroachments on government land.
 Acts as a revenue court for certain cases.

e. Revenue Inspector

 Supervises the work of Patwaris and ensures the correctness of records.

 Conducts field inspections and verifies revenue collection.

f. Patwari

 Maintains village-level land records, including ownership details and maps.

 Assists in revenue collection and survey operations.
 Serves as the primary point of contact for farmers and landowners.
5. Appointment of Revenue Officers

 All appointments to the Board of Revenue and other revenue officer posts are made by the State
Government.
 The process includes:
o Board of Revenue: Members are typically senior bureaucrats with expertise in revenue
administration or judicial officers with relevant experience.
o Collectors, SDOs, and Tehsildars: Appointed from the state administrative services (e.g.,
IAS or State Civil Services officers).
o Revenue Inspectors and Patwaris: Appointed through competitive examinations or direct
recruitment by the state government.

6. Accountability and Oversight

 Revenue officers are accountable to their immediate superiors in the hierarchy.

 The Board of Revenue ensures that all officers function in accordance with the MPLRC and related
laws.
 The state government may issue directives to the Board or any revenue officer for the proper
administration of land revenue.

Key Sections of MPLRC Governing Revenue Authorities

 Section 6-34: Powers and duties of revenue officers.

 Section 221-249: Appellate, revisional, and supervisory jurisdiction of the Board of Revenue.
 Section 250-263: Powers to address unlawful occupation, encroachments, and revenue disputes.

The Madhya Pradesh Land Revenue Code, 1959 (MPLRC) provides detailed procedures for Revenue
Officers and Revenue Courts to ensure fair, efficient, and transparent handling of land revenue matters and
disputes. These procedures are designed to regulate the functioning of revenue administration, resolve disputes,
and enforce the provisions of the MPLRC.

1. Revenue Officers and Revenue Courts

Revenue Officers

 Revenue Officers include Collectors, Sub-Divisional Officers (SDOs), Tehsildars, Naib Tehsildars,
and others in the hierarchy established under the MPLRC.
 These officers perform administrative and quasi-judicial functions.

Revenue Courts

 When Revenue Officers perform quasi-judicial functions, they act as Revenue Courts.
 Revenue Courts deal with disputes related to land records, tenancy, land ownership, and revenue
collection.
 The hierarchy of Revenue Courts includes:
o Tehsildar Court
o Sub-Divisional Officer Court
o Collector Court
o Commissioner Court
o Board of Revenue (highest appellate authority in revenue matters)
2. Jurisdiction of Revenue Courts

 The MPLRC divides jurisdiction among Revenue Courts based on the nature and gravity of cases:
o Original Jurisdiction: Revenue Officers hear cases within their designated jurisdiction.
o Appellate Jurisdiction: Higher authorities (e.g., Collector or Board of Revenue) hear appeals
against decisions of lower courts.
o Revisional Jurisdiction: Supervisory powers to ensure the correctness, legality, and propriety
of orders issued by subordinate courts.

3. Procedure Followed by Revenue Officers and Courts

The MPLRC outlines specific steps and principles for conducting proceedings in Revenue Courts:

a. Filing of Cases

 Cases are initiated by filing an application, complaint, or appeal to the relevant Revenue Officer or
Court.
 The application must include details like:
o Names and addresses of the parties.
o Nature of the dispute or relief sought.
o Supporting documents (e.g., land records, agreements).

b. Registration and Notice

 Upon receiving an application, the Revenue Officer registers the case.

 A notice is issued to the opposing party, informing them of the proceedings and requiring them to
appear.

c. Hearing Process

 Both parties are given an opportunity to present their case, evidence, and arguments.
 Evidence may include:
o Documentary evidence: Land records, maps, agreements, receipts, etc.
o Oral evidence: Witness testimonies.
o Field verification: Physical inspection of land or boundaries (if required).

d. Summons and Witness Examination

 The court has the power to:

o Issue summons to witnesses.
o Enforce their attendance.
o Record their statements.
e. Recording of Evidence

 The Revenue Officer or Court records the evidence submitted by the parties.
 A record of proceedings is maintained to ensure transparency.

f. Decision and Order

 After evaluating the evidence, the Revenue Court passes an order or decree.
 The order must:
o Be in writing.
o Clearly state the reasoning and findings.
o Specify the relief granted or penalties imposed.

g. Execution of Orders

 Revenue Officers ensure the implementation of orders, such as:

o Transfer of land ownership.
o Removal of encroachments.
o Recovery of arrears or penalties.

4. Appeals and Revisions

a. Appeals

 Appeals can be filed against decisions of lower Revenue Courts within the prescribed time limit.
 Appeal hierarchy:
o From Tehsildar to SDO.
o From SDO to Collector.
o From Collector to Commissioner.
o Final appeal to the Board of Revenue.

b. Revision

 The higher Revenue Authority has the power to revise any decision made by a subordinate court if it is
found to be:
o Contrary to the law.
o Beyond the jurisdiction of the officer.
o Based on improper procedures.

5. Powers of Revenue Officers and Courts

Revenue Officers and Courts are empowered to:

 Summon and Enforce Attendance: Require parties or witnesses to appear before the court.
 Administer Oaths: Record sworn testimonies.
 Demand Production of Documents: Request land records, agreements, or other relevant documents.
  Inspect Land: Conduct field visits or measurements as necessary.
 Issue Interim Orders: Provide temporary relief or injunctions during the case.
 Impose Penalties: Levy fines or other penalties for non-compliance or violations.

6. Execution of Orders

 The MPLRC provides specific mechanisms to ensure compliance with orders:

o Eviction Orders: For unauthorized occupation of land.
o Recovery of Revenue Arrears: Through attachment and sale of movable or immovable
property.
o Boundary Disputes: Orders to demarcate and settle disputed boundaries.

7. Key Principles of Procedure

 Natural Justice: Every party has the right to be heard.

 Time-Bound Resolution: Efforts are made to resolve cases within a reasonable timeframe.
 Transparency: Records of proceedings are maintained and made available to the parties.
 Local Inspections: In cases involving land disputes, on-site inspections by Revenue Officers are a
standard practice.

8. Penalties for Non-Compliance

 If parties fail to comply with orders, the Revenue Officer may:

o Impose fines.
o Order attachment of property.
o Take enforcement actions, including eviction.

9. Important Sections Governing Procedure

 Section 35-58: Maintenance of land records and powers of Patwaris and Revenue Inspectors.
 Section 248-263: Encroachments and penalties for unlawful occupation.
 Section 221-249: Appellate, revisional, and supervisory jurisdiction of Revenue Officers and Courts.

General Rules for Place of Inquiry

1. Jurisdictional Limits:
o Inquiries are held within the territorial jurisdiction of the concerned Revenue Officer or
Court.
o The location must fall under the area of responsibility of the officer handling the matter.
2. Convenience of the Parties:
o The inquiry is typically conducted at a location that is convenient and accessible to the parties
involved, such as the local Tehsil office, Subdivision office, or District office.
3. Official Premises:
o Revenue inquiries are generally conducted in the official premises of the concerned Revenue
Officer, such as:
 Tehsil Office for a Tehsildar or Naib Tehsildar.
 Subdivision Office for an SDO (Revenue).
 Collectorate for a Collector.
 4. On-Site Inquiry:
o In certain cases, the inquiry may be conducted on-site (i.e., at the location of the land in
question). This is particularly relevant for:
 Boundary disputes.
 Encroachments or unauthorized occupation.
 Inspection of agricultural activities or land use.
o On-site inquiries provide clarity through physical verification and are common in revenue
disputes.
5. Board of Revenue:
o For matters escalated to the Board of Revenue, inquiries are held at its designated
headquarters, typically located in the state capital or a central administrative office.

Key Sections of MPLRC Related to Place of Inquiry

 Section 34:
o Specifies the jurisdiction and authority of Revenue Officers, ensuring inquiries are conducted
within the assigned territorial limits.
 Section 196:
o Authorizes Revenue Officers to conduct surveys and inspections on-site, if required for
settlement or resolution.
 Section 250:
o Grants Revenue Officers the power to address encroachments and may require on-site
inspections.

Importance of Selecting the Right Place

 Ensures that all parties can attend without undue hardship.

 Facilitates proper examination of evidence, witnesses, or land conditions.
 Promotes a fair and transparent process.

The Madhya Pradesh Land Revenue Code, 1959 (MPLRC) grants Revenue Officers certain powers to enter
upon and survey land as part of their duties in land revenue administration and the resolution of land disputes.
Additionally, the Code also provides provisions for the transfer of cases between different revenue authorities.
Below are the details regarding these powers:

1. Power to Enter Upon and Survey Land

Under the MPLRC, Revenue Officers have the authority to enter upon land and conduct surveys for various
purposes such as settlement, boundary demarcation, and land use inspection. The relevant provisions are as
follows:

Power to Enter and Survey Land (Section 196 and others)

 Section 196 of the MPLRC gives Revenue Officers the power to enter upon and survey land. This is
done for purposes like:
o Surveying land for settlement or determining land boundaries.
o Inspecting land to resolve disputes related to ownership, boundaries, or encroachments.
o Assessing land use and its suitability for various purposes.

Specific Powers Include:

 o Entry: Revenue Officers, such as Patwaris, Tehsildars, or higher authorities, have the right
to enter land at reasonable times after providing notice to the landowner, for conducting
inspections and surveys.
o Survey: The officer can take measurements, prepare maps, and record relevant details
concerning the land's size, use, and condition.
o Obligations of Landowners: The landowners or occupants are required to provide access to
the land and cooperate with the Revenue Officer during the survey.
o Preparation of Land Records: The information gathered through surveys is used to update
or create official land records, such as revenue registers and land maps.

Procedure for Entry and Survey:

 Notice to Landowners: Prior notice is typically given to the landowners before entering their land.
The notice must specify the reason for the entry and the intended actions.
 Survey Process: The officer may call upon expert surveyors, as needed, and record measurements and
features of the land.
 Inspection: If there is a boundary dispute, the officer may physically inspect the land and measure its
boundaries to resolve the issue.

2. Transfer of Cases

The MPLRC provides procedures for transferring cases from one revenue officer to another, or between
different levels of revenue authorities, to ensure that land revenue disputes are handled by the appropriate officer
or court. This ensures that the cases are decided at the right level, depending on their complexity or jurisdiction.

Transfer of Cases (Section 35 and others)

 Section 35: This section empowers Revenue Officers to transfer cases to another officer or higher
authority if necessary. Key points include:
o Delegation of Power: A Revenue Officer may transfer a case to a higher-level officer (for
example, from Tehsildar to SDO or from SDO to Collector) when the case requires more
expertise or higher-level intervention.
o Authority for Transfer: The District Collector or Board of Revenue may transfer cases
from lower courts or officers to ensure a fair resolution.

Reasons for Case Transfer:

1. Jurisdictional Issues: If a Revenue Officer lacks the authority to handle a particular type of dispute
(e.g., ceiling surplus land cases or tribal land disputes), the case may be transferred to an officer who
has jurisdiction.
2. Complexity of the Case: In more complicated matters, such as disputes over large land holdings or
legal matters involving multiple parties, cases may be transferred to a higher revenue authority.
3. Conflicts of Interest: If there is a concern of bias or conflict of interest in the lower office, the case
may be transferred to an impartial officer.
4. Workload Management: In cases of high caseloads or administrative reasons, cases may be
transferred to ensure timely resolution.

Transfer Process:

 Order of Transfer: A formal order must be issued by the concerned Revenue Officer or the higher
authority (e.g., Commissioner or Collector).
 Intimation to Parties: The parties involved in the case must be notified of the transfer, ensuring they
are informed of the new venue and procedures.
 Continuity of Proceedings: After a case is transferred, the new Revenue Officer or court takes over
the proceedings from the point where they were left off, maintaining continuity in the case.
3. Enforcement of Entry and Survey Powers

 Penalties for Obstruction: If a landowner obstructs a Revenue Officer from entering or conducting a
survey, penalties may be imposed. The officer has the authority to take corrective actions.
 Recovery of Costs: If the survey is conducted to resolve a land dispute or if land use assessments are
needed, the costs of such activities may be recovered from the landowners or parties involved.

4. Key Sections Involved in Survey and Case Transfer

 Section 196: Grants the power to enter and survey land for purposes such as settlement and boundary
demarcation.
 Section 35: Deals with the transfer of cases between different revenue authorities for better
adjudication.
 Section 220-223: Provides for dispute resolution in case of boundary issues or land disputes, and also
allows the transfer of cases when necessary.

Inherent Powers of Revenue Courts under MPLRC

The inherent powers of Revenue Courts are those that are not explicitly mentioned in the MPLRC but are
necessary to effectively exercise their jurisdiction and ensure fair and just proceedings. These powers are rooted
in the need to maintain the sanctity of the judicial process, administer justice, and correct any procedural
irregularities.

1. Power to Do Justice in the Absence of Specific Provisions

 Discretionary Power: Revenue Courts have the inherent discretion to exercise powers that are not
specifically conferred by the MPLRC but are necessary to do justice in a particular case.
 For example, if an issue arises that is not directly addressed by the MPLRC or other relevant statutes,
the Revenue Court can still make decisions based on principles of natural justice and fairness.

2. Power to Prevent Abuse of Process

 Preventing Misuse of Legal Proceedings: Revenue Courts can exercise inherent powers to prevent
the abuse of their process. This includes preventing parties from filing frivolous or vexatious cases,
misusing the legal system for harassment, or using tactics to delay proceedings unjustly.
 If a party is trying to manipulate the judicial process (such as through false evidence or procedural
manipulation), the court can take actions to prevent such abuses.

3. Power to Summon Witnesses and Record Evidence

 Revenue Courts have the inherent authority to summon witnesses and take evidence necessary for the
proper adjudication of a case. This power extends beyond what is explicitly provided for in the
MPLRC and helps the court ensure that all relevant facts are properly considered.
 In cases involving land disputes, especially those related to boundary demarcation or possession, the
Revenue Court may call on expert witnesses, land surveyors, or other professionals to provide expert
testimony.
4. Power to Review or Correct Errors

 Review of Orders: Revenue Courts can, of their own accord, review their orders or judgments to
correct any error or mistake that may have occurred during proceedings. This power allows courts to
rectify clerical mistakes, miscalculations, or other discrepancies.
 Revising Final Orders: In situations where an error has resulted in an unjust decision, Revenue Courts
may invoke their inherent powers to revise or modify the decision to ensure fairness, even if the
mistake was not explicitly addressed in the initial decision.

5. Power to Award Interim Relief

 Revenue Courts have the inherent power to issue interim orders (such as injunctions) in cases where
immediate action is required. For instance, if there is a risk of land being illegally occupied or a
boundary dispute is likely to result in irreparable harm, the court may issue temporary orders to
maintain the status quo or prevent unlawful actions.
 This power is essential for preventing injustice during the pendency of the case.

6. Power to Enforce Their Own Orders

 Revenue Courts can exercise inherent powers to ensure compliance with their own orders. For
example, if a party fails to comply with an order of eviction or payment of revenue, the court can take
necessary actions to enforce the order. This may include:
o Issuing warrants for the attachment of property.
o Ordering eviction of unauthorized occupants.
o Levying penalties for non-compliance.

7. Power to Transfer Cases

 Transfer of Cases: Under the MPLRC, Revenue Officers and Revenue Courts have the authority to
transfer cases within the jurisdictional framework if a case requires a higher-level intervention or if it
falls under a different officer's jurisdiction.
 The inherent power to transfer cases can also extend to transferring cases between different levels of
Revenue Courts to ensure that the case is decided by the appropriate authority. This is particularly
important in complex cases or when conflicts of interest exist.

8. Power to Inspect Land or Hold On-Site Hearings

 On-Site Inspections: In cases involving boundary disputes, encroachments, or land use issues,
Revenue Courts have the inherent power to inspect the land themselves or direct a field inquiry. This
ensures that the court is able to ascertain the facts firsthand and make an informed decision.
 This power is important for resolving disputes related to land that may not be clearly resolved through
documentary evidence alone.
9. Power to Award Costs and Penalties

 Revenue Courts can, as part of their inherent powers, award costs and impose penalties on parties who
engage in fraudulent or obstructive behavior. For example, if a party misrepresents facts, submits
false evidence, or obstructs the proceedings, the court can impose fines or costs as a deterrent and to
compensate the other party.
 This helps in maintaining discipline and accountability during proceedings.

10. Power to Grant Relief Against Administrative Excesses

 If a Revenue Officer acts beyond their legal powers or fails to follow proper procedures, Revenue
Courts can exercise their inherent powers to rectify such administrative excesses. For example, if a
Tehsildar makes an arbitrary decision regarding land records or tax assessments, the Revenue Court
may intervene and correct the action.

Legal Basis for Inherent Powers

 Principles of Natural Justice: The inherent powers of Revenue Courts are closely tied to principles of
natural justice, including the right of the parties to a fair hearing and the right to have disputes resolved
impartially.
 Judicial Precedents: Revenue Courts may also rely on judicial precedents and principles of equity and
justice when invoking their inherent powers.

1. Attendance of Parties and Compelling Attendance of Witnesses

Revenue Officers and Courts can compel the attendance of parties and witnesses in land revenue matters.
These powers are vital for ensuring the proper conduct of proceedings, allowing the court to hear from all
relevant individuals, and gather all necessary information for resolving disputes.

Power to Summon Parties and Witnesses (Section 37 and Other Provisions)

 Section 37 of the MPLRC grants Revenue Officers the power to summon parties and witnesses as
part of the inquiry or investigation.
o The Revenue Officer or Revenue Court may issue a summons to a person or a witness to
attend proceedings.
o Summons can be issued for either parties involved in the dispute or witnesses whose
testimony is required to establish the facts.
o The summons will specify the time and place for attendance.

Power to Issue Summons:

o The Revenue Officer or Court may issue a written summons that orders a person to appear at
a specified time and place. The summons must be served on the person in accordance with the
provisions of law.
o If the party or witness is not appearing voluntarily, the Revenue Officer can direct their
attendance by issuing a compulsory summons.

Enforcing Attendance of Witnesses

 If a witness fails to appear, the Revenue Officer or Court has the power to take action to compel their
attendance:
 o Warrant of Arrest: If a witness who has been properly summoned fails to attend without
valid reasons, the Revenue Officer may issue a warrant of arrest to compel attendance.
o Attachment of Property: In some cases, property belonging to the witness may be attached
to enforce attendance.

Power to Examine Witnesses

 The Revenue Officer or Revenue Court has the authority to examine witnesses who attend. The
officer can:
o Administer oaths to witnesses.
o Record their testimony.
o Ask for further clarification as needed.
o Accept both oral evidence and documentary evidence from the witness.

2. Power to Compel the Production of Documents

Production of Documents (Section 38 and Other Provisions)

 Section 38 of the MPLRC empowers Revenue Officers and Revenue Courts to order the
production of documents by parties, which are relevant to the case at hand. These documents may
include:
o Land records (e.g., revenue records, khasra, khatauni).
o Agreements or contracts related to land.
o Evidence of ownership or possession.
o Correspondence or communication related to land disputes.

Compelling Production of Documents

 The Revenue Officer or Court may compel the production of documents by:
o Issuing a notice to the party to produce specific documents.
o Summoning records or documents from government departments, like the land records
office, when relevant.

Failure to Produce Documents

 If a person fails to produce documents when ordered to do so, the Revenue Officer or Court has the
following options:
o Issuing a show-cause notice to the person, asking why they should not be penalized for non-
compliance.
o Adverse Inference: If the required documents are not produced, the court may draw an
adverse inference against the party who failed to comply, assuming the documents would
have been unfavorable to their case.
o Penalty: In certain cases, penalties can be imposed for non-compliance, which may include
fines or other measures to enforce the production of documents.

Authority to Inspect Documents

 Revenue Officers and Courts may also inspect official records or documents from government offices
or land record departments to verify claims made by the parties.

3. Power of Arrest and Attachment for Non-Attendance or Non-Compliance

If a person fails to comply with an order of the Revenue Officer or Revenue Court (whether to attend
proceedings or produce documents), the officer has the authority to take more stringent actions, such as:

 Arrest: A warrant of arrest can be issued to compel a party or witness to attend proceedings.
 Attachment of Property: If the witness or party is not attending and no valid excuse is provided, the
officer may order the attachment of property belonging to the person to ensure compliance.
 Fine or Penalty: Penalties can be imposed on those who fail to comply with summons or document
production orders, including monetary fines.

4. Practical Applications of These Powers

These powers are most commonly exercised in cases involving:

 Boundary disputes: Where witnesses or documents (such as land records, surveys, and prior
ownership records) are essential to resolve the case.
 Encroachments: In cases where the landowner or parties involved must present evidence of lawful
possession or encroachment.
 Land transfers or inheritance cases: Where evidence of ownership or transactions may be required to
determine rightful ownership.

Key Sections in MPLRC Related to Attendance and Document Production

 Section 37: Deals with the issuance of summons to parties and witnesses.
 Section 38: Covers the production of documents by parties involved in the dispute.
 Section 39: Provides details on enforcing attendance and compelling the production of documents.
 Section 40-42: Addresses penalties for non-compliance and the enforcement of attendance through
arrest or property attachment.

An ex parte hearing refers to a legal proceeding where only one party appears before the court or authority, and
the other party is absent or does not participate. In the context of Revenue Courts under the Madhya Pradesh
Land Revenue Code, 1959 (MPLRC), an ex parte hearing occurs when the opposing party fails to attend or
respond to summons, notices, or other procedural requirements, and the Revenue Officer or Revenue Court
proceeds to hear and decide the matter based on the evidence available from the present party.

Ex Parte Hearing in MPLRC

The Madhya Pradesh Land Revenue Code, 1959 provides for ex parte proceedings under certain conditions,
which can occur when:

 One of the parties fails to appear despite proper notice or summons.

 The absence is without any valid reason, or the party has not shown sufficient cause for their non-
attendance.

Key Aspects of Ex Parte Hearing under MPLRC

1. When an Ex Parte Hearing May Occur

An ex parte hearing may be ordered if the party:

 Fails to appear after being properly notified.

  Delays the proceedings unnecessarily by not responding or appearing.
 Ignores repeated summons or requests for participation in the proceedings.

2. Procedure for Ex Parte Hearing

 Notice to the Party: Before proceeding with an ex parte hearing, the Revenue Officer or Revenue
Court will ensure that the party has been given a fair chance to attend. This usually means issuing
proper summons or notices in a timely manner, clearly specifying the date, time, and place of the
hearing.
 Non-Appearance: If the party still does not appear or offer a valid excuse for their absence, the
Revenue Officer or Revenue Court can proceed ex parte, meaning they will hear the case based on the
available evidence from the present party.
 Proceeding Based on Available Evidence: During the ex parte hearing, the Revenue Officer or
Court will:
o Hear the evidence from the attending party.
o Evaluate any documents, testimonies, or records submitted.
o Make a decision based on the available facts.
 Recording of Ex Parte Decision: The Revenue Officer or Court will record the proceedings, and an
order or judgment will be passed in favor of the party present, based on the merits of the case
presented.

Under the Madhya Pradesh Land Revenue Code, 1959 (MPLRC), provisions related to costs, appeals,
revisions, and reviews govern the process by which parties can challenge or seek modifications of decisions
made by Revenue Officers or Revenue Courts. Here is an overview of each of these aspects:

1. Costs

In revenue matters, the Madhya Pradesh Land Revenue Code allows Revenue Officers and Revenue Courts
to impose costs (such as court fees or other expenses) on parties involved in a case. Costs may be awarded in
various circumstances, such as when one party is found to be at fault for unnecessary delays, frivolous litigation,
or for wasting the time of the Revenue Court.

Key Points About Costs:

 Awarding Costs: A Revenue Officer or Court can award costs to a party if the opposite party has
engaged in conduct that causes unnecessary expense or delay.
 Discretionary Power: The imposition of costs is largely at the discretion of the Revenue Court or
Officer. It may depend on the conduct of the parties during proceedings.
 Examples of Costs: These can include expenses related to the legal process, including the cost of
issuing summons, attending hearings, and producing evidence.

Costs are typically imposed to discourage unnecessary litigation and to ensure that the parties act in good faith.
In some cases, costs can be levied as a penalty on a party who fails to comply with orders, such as not attending
hearings or producing required documents.

2. Appeal

An appeal allows a party dissatisfied with a decision of a Revenue Officer or Revenue Court to challenge the
decision before a higher forum. Appeals are a fundamental aspect of the legal system to ensure that errors or
injustices can be reviewed and rectified.

Appeal Process under MPLRC:

 Section 50 of MPLRC generally provides the framework for appeals in land revenue matters.
  Who Can Appeal: A person aggrieved by an order passed by a Revenue Officer or Court can file an
appeal. This could include disputes over land ownership, tax assessments, boundary issues, etc.
 Appellate Authority: Appeals from a Tehsildar (Revenue Officer) may go to the Collector (District
Magistrate), while appeals from the Collector's decisions can be directed to the Board of Revenue or
higher appellate authorities.
 Timeframe: Appeals must typically be filed within a prescribed period (e.g., 30 days) from the date the
decision is made, unless otherwise specified.

Procedure for Filing an Appeal:

1. Filing the Appeal: The party wishing to appeal must file a written appeal that sets out the grounds for
challenging the decision.
2. Reviewing the Evidence: The appellate authority reviews the evidence and legal arguments submitted
by the parties.
3. Decision: The appellate authority can either confirm, modify, or overturn the original decision.
4. Effect of Appeal: The appeal may or may not stay the execution of the original decision, depending on
the circumstances.

3. Revision

A revision is a process through which a higher authority reviews the decision made by a lower Revenue Officer
or Court. A revision can be filed when there is a belief that the decision is flawed due to errors in law or
procedure, even if the party did not appeal earlier.

Key Points About Revision under MPLRC:

 Section 58 provides the framework for revision, allowing parties to challenge decisions made by lower
courts or Revenue Officers.
 Grounds for Revision: Revision is typically sought when:
o There has been an error in the application of law.
o There was a procedural irregularity that affected the outcome.
o The decision is grossly unjust or unreasonable.
 Who Can File: Revision can be initiated by the party or the Board of Revenue itself (suo motu) if it
feels the decision was incorrect.
 Procedure:

1.The aggrieved party files a revision application to the appropriate higher authority (usually the
Board of Revenue).
2. The authority reviews the record and evidence of the case.
3. If errors are found, the higher authority may modify or set aside the decision.
 Power of the Revising Authority: The authority hearing the revision can:

o Remand the case for further proceedings.

o Correct any errors in law or fact.
o Modify the order of the lower authority.

4. Review

A review is a process by which a party asks the same court or officer to reconsider its decision due to new
evidence or errors in the original judgment. A review is different from an appeal because it is not heard by a
higher authority but by the same authority that made the original decision.
Key Points About Review under MPLRC:

 Grounds for Review: The grounds for review typically include:

o Newly discovered evidence that could not be produced during the original proceedings.
o Mistake or error in the decision (such as a mathematical mistake, clerical error, or
misunderstanding of law or facts).
 Section 61 of the MPLRC addresses the review process.
 Who Can File: Any party to the case who is dissatisfied with the judgment and has a valid reason for
asking the court to reconsider it.
 Review Procedure:

1. The party seeking a review must file a review application, detailing the reason for seeking
the review and presenting any new evidence or explaining the error.
2. The same authority that passed the original order will review the case, looking for valid
reasons to modify or set aside the decision.
3. If granted, the authority may correct any error or issue a new order.
 Timeframe for Review: The time period for filing a review is generally short (often 30 days) from the
date the original order was passed.

Difference Between Appeal, Revision, and Review

 Appeal: A challenge to a decision by a higher authority. It is filed when the party believes the decision
was wrong and asks for a fresh examination of the entire case.
 Revision: A review of a decision by the same authority but focusing on errors of law or jurisdiction
rather than on the merits of the case.
 Review: A request to the same authority to reconsider its decision, usually based on newly discovered
evidence or to correct an error.

Conclusion

The Madhya Pradesh Land Revenue Code, 1959 provides several mechanisms for parties to seek relief if they
believe a decision is unjust or incorrect. These include the appeal, revision, and review processes, each with its
specific purpose and scope:

 Appeals are generally used to challenge decisions to a higher authority.

 Revisions allow for correction of errors of law or procedure.
 Reviews provide an opportunity for the same authority to reconsider its decision based on new
evidence or errors.