Powers Of Revenue Courts, Its Jurisdiction And Constitution. (U.P.

Revenue Code, 2006)

U.P. Revenue Code has been passed by the state legislature back in year 2006. This act was
implanted to fulfill certain aims and objectives. One of its main objectives was to consolidate
and amend the law relating to land tenure. The Act very well defines the term Revenue Court
its constitution, by constitution we mean what all are actually the constituent of revenue court.
Further if these authorities have come into existence what is their role in resolving all land
revenue related matters.

Also, we know that every authority has a specific defined jurisdiction in which it operates legally
and deliver judgements. In this paper an attempt is made to study what these revenue courts
are, what are the authorities covered under these revenue courts, their area of jurisdiction and
at last powers imbibed in them by state legislature through U.P. Revenue Code, 2006. Different
sections concerned to each topic have been discussed in detail. This paper has been divided
into 3 chapters for a better understanding of the reader.

Introduction
The term Revenue Courts is very well defined in the Land Revenue Laws of various states. For
instance, in Uttar Pradesh as per section 4(16) of UP Revenue Code, 2016- Revenue Court
means all or any of the following authorities the Board and all members thereof,
Commissioners, Additional Commissioner, Additional Collectors, Assistant Collectors,
Settlement Officers, Assistant Settlement Officers, Record Officers, Assistant Record Officer,
Tahsildar and Naib Tahsildar; [1]

The main purpose behind establishment of these courts is to resolve all matters related to Land
Revenue, matters involving boundaries of agriculture land and tenancy. Suits being referred to
here are related to succession, transfer of land, partition of holdings, demarcation of
boundaries, removal of encroachments, eviction of trespassers, and in some states, UP
included, declaratory suits. All such suits do not fall under the jurisdiction of Civil Courts in any
case.

There is a hierarchy of Revenue Courts. Different types of Revenue Courts include Board
members, Commissioners, additional commissioners etc.

Meaning of Revenue Court:

As per section 4(16) of UP Revenue Code, 2016- Revenue Court� means all or any of the
following authorities the Board and all members thereof, Commissioners, Additional
Commissioner, Additional Collectors, Assistant Collectors, Settlement Officers, Assistant
Settlement Officers, Record Officers, Assistant Record Officer, Tahsildar and Naib Tahsildar.

Powers of Revenue Courts:

Under U.P. Revenue Code, 2006 following powers are available to Revenue Courts
Section-210 Power to call for the records[2].

1. According to section the board or commissioner has the power to call for any records
which can relate to any kind of suit or proceedings that are being judged by any
subordinate revenue court in which no appeal lies, even if any such appeal lies it has not
been preferred till date, the entire purpose behind this is so that board members can
satisfy themself as to the whole legality or propriety of any such order passed in a
particular suit or proceedings being referred to by the Board members; and if such
subordinate courts appeal to have:

a. Exercised any such jurisdiction not empowered to it by Law; or

b. Failed to exercise any such power vested by Law; or
c. Also, if by any chance it is found that such a jurisdiction has been exercised illegal
or involves material irregularity of any sort, then the respective commissioner or
board member whoever seems fit to the concern may pass such an order as they
may consider or approve to be valid in the given scenario.
 
2. In case where already an application has been moved by a person to board members or
commissioner then no further application will be entertained filed by a same person to
any of the respective revenue court members.
 
3. After the expiry of 30 days of the implementation of this code or from the date of the
order sought to be revised, no further orders shall be entertained under this section.

This section includes an important power available to board members or commissioner which
constitute revenue courts.

Section-211 Boards power of review [3]

1. This section grants power to the court to review any of the order passed by itself or pass
any such order as it may thinks fit on the basis of any applications made to it by an
interested party or board can do so, of its own motion.
 
2. Only those order shall be reviewed under sub-section 1, which fall under the following
grounds:

a. In case any new or important matter or evidence is discovered;

b. Any kind of mistake or error apparent on the act of record;
c. Any other sufficient reason.
 
3. Also orders passed on review shall not be reviewed again.
Section- 212 Power to transfer cases[4]

1. A board has a very important power under this section where it can transfer case from
one revenue court to other revenue court which may be of a higher rank or an equal
rank, also it can be in same district or any other district, however this transfer can only
be made on the basis that it will be convenient and practical for the ends of Justice to do
so.
 
2. Further it also gives power to the Commissioner, the collector or the Sub- Divisional
officer to make over any case or class of cases arising under the provisions of this Code
or any other enactment for the time being in force, for decision from his own file to any
Revenue Officer subordinate to him and competent to decide such case or class of
cases, or may withdraw any case or class of cases from any such Revenue Officer and
may deal with such case or class of case himself or refer the same for disposal to any
other Revenue Officer competent to decide such case or class of cases.

These three are the most important powers granted to revenue courts under Chapter XIII of
U.P. Revenue Code, 2006.

Jurisdiction of Revenue Courts:

Following sections discussed below talks about jurisdiction of revenue courts:

Section- 206 Jurisdiction of civil courts and revenue courts[5]

1. Notwithstanding anything contained in any law for the time being in force, but subject
to the provisions of this Code, no Civil Court shall entertain any suit, application or
proceeding to obtain a decision or order on any matter which the State Government,
the Board, any revenue Court or revenue officer is, by or under this Code, empowered
to determine, decide or dispose of.
2. Without prejudice to the generality of the provisions of sub-section (1), and save as
otherwise expressly provided by or under this Code:

a. no civil Court shall exercise jurisdiction over any of the matters specified in the
Second Schedule; and
b. no Court other than the revenue Court or the revenue officer specified in
Column 4 of the Third Schedule shall entertain any suit application or proceeding
specified in Column 3 thereof.
3. Notwithstanding anything contained in this Code, an objection that a Court or officer
mentioned in sub-section (2)(b) had or had no jurisdiction with respect to any suit,
application or proceeding, shall not be entertained by any appellate, revisional or
 executing Court, unless the objection was taken before the Court or officer of the first
instance, at the earliest opportunity, and in all cases where issues are settled at or
before such settlement and unless there has been a consequent failure of justice.

Section-207 First appeal [6]

1. If a party by any chance is not satisfied by a judgement or decree passed in a suit or

proceeding which has been specifically mentioned in Column 3 of the III schedule can
approach the court through first appeal or officer specified against it in column 5,
provided that such an order or decree is passed by court or officer specified against it in
column 4.
 
2. First appeal may also be filed against order of the nature specifically mentioned:

a. In Section- 47 of the code of civil procedure, 1908;

b. In Section-104 of the U.P. Revenue Code, 2006;
c. Also, in order XLIII of the I schedule of U.P. Revenue Code, 2006

Section-208 Second appeal[7]

1. If a party is aggrieved by any judgement or decree passed in any first appeal filed under
section 207 of the said code in any suit, application or proceeding mentioned in the
column 3 of the III schedule, then such a party can go for second appeal in the court
mentioned against it in column 6.
2. Second appeal shall be entertained by appellate court only if they believe that there is a
specific reason or they are satisfied that case involves substantial question of law.
3. There is certain limitation of time period within which appeal has to be filed, as per this
section time period is 90 days from the date of order or decree appeal is filed against.

Section-209 Bar against certain appeals[8]

1. Notwithstanding anything mentioned in Section 207 and 208, no appeal can be filed
against order or decree:

a. passed under chapter V of U.P. Revenue Code, 2006

b. granting or rejecting an application for condonation of delay under Section 5 of
the Limitation Act, 1963;
c. an application rejected for review;
d. where an application is granted or rejected for stay;
 e. remanding the case to any subordinate court;
f. where the nature of order or decree is interim.
 

Constitution of Revenue Courts:

Section 4(16) of UP Revenue Code, 2006 �Revenue Courts� include or say constitute of
1. Board Members (Both admin and judicial):

This board generally constitutes of Chairman and any other member as may be
appointed by the government of state.
The main function of this Board is to act as chief controlling authority in matters relating
to disposal of cases, appeals or revision. Also, subject to the superintendence, direction
and control of the State Government, in all other matters provided in this Code.

 Commissioners or Additional Commissioners:

A commissioner shall be appointed by state government in each division. State
government may also appoint one or more additional commissioner in one or more
division.

 Collectors or Additional Collectors:

A collector is a person who is in charge of revenue administration. So, a state
government shall appoint in each district a commissioner and may also appoint one or
more additional commissioner in one or more district.

 Assistant Collectors:
The state government has the authority to appoint as many people as it thinks fit for the
post assistant collectors of the first or second class. Assistant Collector first class in
charge of one or more sub-divisions of a district shall be called the Assistant Collector
first class in-charge of a sub-division or a Sub-Divisional Officer. Further state
government if required so may appoint an assistant- collector first class to be additional
sub-divisional officers for one or more tahsils in a district.

Conclusion
In this paper we have looked upon an important part of land law i.e., U.P. Revenue
Code, 2006, how this code introduced revenue courts. Constitution of revenue courts is
very well detailed in the above-mentioned code.

Further these revenue courts play a very important role as they are empowered with
different powers which they can exercise from time to time when required however the
same is to be done within their respective jurisdiction.