Chapter IV PROCEDURE OF REVENUE OFFICERS AND REVENUE COURTS

Place of holding enquiries. —Except for reasons to be recorded in writing, no Revenue Officer shall enquire into, or hear, any ease at any place outside the local limits of his jurisdiction

Power to enter upon and survey land Power to enter upon and survey land. —All Revenue Officers, Revenue Inspectors, measurers and patwaris and when under their observation and control, their servants and workmen when so directed, may enter upon and survey land and demarcate boundaries and do other acts connected with their duties under this Code or any other enactment for the time being in force and in so doing shall cause no more damage than may be required for the due performance of their duties: Provided that no person shall enter into any building or upon any enclosed Court or garden attached to a dwelling house, unless with the consent of the occupier thereof, without giving such occupier at least twenty-four hours' notice, and in making such entry due regard shall be paid to the social and religious sentiments of the occupier.

Power to transfer cases. - - :

1. (1) Whenever it appears to the Board that an order under this section is expedient for the ends of justice, it may direct that any particular case be transferred from one Revenue Officer to another Revenue Officer of an equal or superior rank in the same district or any other district.
2. (2) The Commissioner, on an application made to him in this behalf may, if he is of opinion that it is expedient for the ends of justice, order that any particular case be transferred from a Revenue Officer to another Revenue Officer of an equal or superior rank in the same district or any other district in the same division.

Power to transfer cases to and from subordinates-

1. (1) 2A Collector or a Sub-Divisional Officer], may 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 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 cases himself or refer the same for disposal to any other Revenue Officer subordinate to him competent to decide such case or class of cases.
2. (2) A Commissioner, a Collector, a Sub-Divisional Officer, or a Tahsildar may make over for inquiry and report any case or class of cases arising under the provisions of this Code or any other enactment for the time being in force from his own file to any Revenue Officer subordinate to him.

Conferral of Status of Courts on Board and Revenue Officers. -The Board or a Revenue Officer, while exercising power under this Code or any other enactment for the time being in force to enquire into or to decide any question arising for determination between the State Government and any person or between parties to any proceedings, shall be a Revenue Court.

Inherent power of Revenue Courts. - Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Revenue Court to make such orders as may be necessary for the ends of justice or to prevent the abuse of the process of the Court.

Powers of Revenue Officers to require attendance of persons and production of documents and to receive evidence. -

1. (1) Subject to the provisions of Sections 132 and 133 of the Code of Civil Procedure, 1908 (V of 1908) and to rules made under Section 41, every Revenue Officer acting as a Revenue Court shall have power to take evidence, to summon any person whose attendance he considers necessary either to be examined as a party or to give evidence as a witness or to produce any document for the purposes of any inquiry or case arising under this Code or any other enactment for the time being in force.
2. (2) No person shall be ordered to attend in person, unless he resides —
   • (a) within the limits of the tahsil if the Revenue Officer acting as a Revenue Officer is a Naib-Tahsildar and in the case of any other Revenue Officer, within the local limits of his jurisdiction; or
   • (b) without such limits but at a place less than fifty, or where there is a railway communication or other established public conveyance for five-sixths of the distance between the place where he resides and the place where he is summoned to attend, less than two hundred miles distant from such place.
3. (3) Any person present may be required by any such Revenue Officer to give evidence or to produce any document then and there in his possession or power.
4. (4) Every such Revenue Officer shall have power to issue a commission to examine any person who is exempted from attending Court or who cannot be ordered to attend in person or is unable to attend on account of sickness or infirmity.

Compelling attendance of witness. —If any person on whom a summons to attend as witness or to produce any document has been served falls to comply with the summons, the officer by whom the st1111111011s has been issued under Section 33 may —

1. (a) Issue available warrant of arrest;
2. (b) Order him to furnish security for appearance; or
3. (c) Impose upon him a fine not exceeding rupees [one thousand].

Conferral of Status of Courts on Board and Revenue Officers. -The Board or a Revenue Officer, while exercising power under this Code or any other enactment for the time being in force to enquire into or to decide any question arising for determination between the State Government and any person or between parties to any proceedings, shall be a Revenue Court.

Inherent power of Revenue Courts. - Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Revenue Court to make such orders as may be necessary for the ends of justice or to prevent the abuse of the process of the Court.

Power to award costs. — A Revenue Officer may give and apportion costs incurred in any case or proceeding arising under this Code or any other enactment for the time being in force in such manner and to such extent as he thinks fit :

Manner of executing order to deliver possession of immovable property Manner of executing order to deliver possession of immovable property.— Where any person against whom an order to deliver possession of immovable property has been passed under this Code, such order shall be executed in the following manner, namely:—

1. (a) by serving a notice on the person or persons in possession requiring them within such time as may appear reasonable after receipt of the said notice to vacate the land; and
2. (b) if such notice is not obeyed, by removing or deputing a subordinate to remove any person who may refuse to vacate the same; and
3. (c) if the officer removing any such person shall be resisted or obstructed by any person, the Revenue Officer shall hold a summary enquiry into the facts of the case, and if satisfied that the resistance or obstruction was without any just cause, and that such resistance or obstruction still continues, may, without prejudice to any proceedings to which such person may be liable under any law for the time being in force for the punishment of such resistance or obstruction, take or cause to be taken, such steps and use, or cause to be used, such force as may, in the opinion of such officer, be reasonably necessary for securing compliance with the order.

Power of Board to make rules Examination of witnesses on commission and payment of expenses incidental to such examination;

1. (1) Licensing of petition-writers and the regulation of their conduct.
2. (3) Such rules shall be subject to the condition of previous publication and approval of the State Government, and after they are so made and approved they shall be published in the Gazette, and shall, from the date of publication or from such other date as may be specified, have the same force and effect as if they were contained in Schedule I.

Manner of executing order to deliver possession of immovable property.— Where any person against whom an order to deliver possession of immovable property has been passed under this Code, such order shall be executed in the following manner, namely:— (a) by serving a notice on the person or persons in possession requiring them within such time as may appear reasonable after receipt of the said notice to vacate the land; and (b) if such notice is not obeyed, by removing or deputing a subordinate to remove any person who may refuse to vacate the same; and (c) if the officer removing any such person shall be resisted or obstructed by any person, the Revenue Officer shall hold a summary enquiry into the facts of the case, and if satisfied that the resistance or obstruction was without any just cause, and that such resistance or obstruction still continues, may, without prejudice to any proceedings to which such person may be liable under any law for the time being in force for the punishment of such resistance or obstruction, take or cause to be taken, such steps and use, or cause to be used, such force as may, in the opinion of such officer, be reasonably necessary for securing compliance with the order.