Section 26 of The Central Provinces Land-Revenue Act, 1881
Every Revenue-officer may, either on his own Motion or on the application of any party interested, review, and on so reviewing modify, reverse or confirm, orders passed by himself or by any of his predecessors in office: Provided as follows--
- (1)when a Commissioner or Deputy Commissioner thinks it necessary to review any order which he has not himself passed, and when an officer under the rank of a Deputy Commissioner proposes to review any order, whether passed by himself or by any predecessor, he shall first obtain the sanction of the officer to whom he is immediately subordinate:
- (2)no order shall be modified or reversed unless reasonable notice has been given to the parties interested to appear and be heard in support of such order:
- (3)no order against which an appeal has been preferred shall be reviewed while such appeal is pending:
- (4)no order affecting any question of right between private persons shall be reviewed except on the application of a party to the proceedings; and no application for the review of such an order shall be entertained unless it is made within ninety days from the passing of the order, or unless the applicant satisfied the Revenue-officer that he had sufficient cause for not making the application within such period. For the purposes of this section, the Deputy Commissioner shall be deemed to be the successor in office of any Revenue-officer who has left the district or has ceased to exercise powers as a Revenueofficer, and to whom there is no successor in office.
Summary
- This provision allows a Revenue-officer to review, modify, reverse or confirm orders passed by themselves or their predecessors.
- Officers must obtain permission from their immediate superior before reviewing certain orders, depending on their rank and whether they originally passed the decision.
- No order can be changed without giving interested parties reasonable notice to appear and be heard in support of the original order.
- An order cannot be reviewed while an appeal against it is already pending.
- The Deputy Commissioner acts as the default successor for any departed Revenue-officer who has no direct replacement in the district.
Practical examples
FAQ
1. Can an officer change an order without telling me under Section 26 of the 1881 land law?
No, Section 26 of the 1881 land law requires the officer to give you reasonable notice and a chance to be heard before modifying or reversing an order.
2. Does a pending appeal stop a review under Section 26 of the Act?
Yes, under Section 26 of the Act, an order cannot be reviewed while an appeal against it is active.
Test yourself
Q1.Which officer requires permission from a superior to review an order they passed themselves?
Q2.What is the time limit for a private party to apply for a review of an order affecting their rights?
Q3.If a Revenue-officer leaves the district and no successor is appointed, who takes over their review duties?
Q4.When can a Commissioner review an order passed by their predecessor without getting prior sanction?
Q5.What happens to a review application if an appeal on the same order is already ongoing?