Right of suit of landholder, etc., in certain cases

(1) Any landholder aggrieved by an order under section 9 served on him may, within six months from the date on which such order was served, institute a suit in a Civil Court to have such order set aside or modified on any of the following grounds, (a) that he is not the landholder of any estate in which the tank is wholly or partly situated; (b) that by law, local custom or contract any of the measures should have been carried out by, or at the cost of, some other person; or (c) that the portion of the cost for which he has been made liable has been wrongly calculated Provided that a landholder who has been served with a preliminary order under section 5 shall not be entitled to institute a suit on the ground specified in clause (a) or clause (b), unless he has raised such ground in the proceedings before the Collector under section 6 or section 7. (2) Any person other than a landholder aggrieved by an order under section 9 served on him may, within six months from the date on which such order was served, institute a suit in a Civil Court to have such order set aside or modified on any of the following grounds, namely :- (a) that he is not bound to carry out any of the measures by law, local custom or contract; or (b) that the portion of the cost for which he has been made liable has been wrongly calculated: Provided that no such person shall be entitled to institute a suit on the ground specified in clause (a), unless he has raised such ground in the proceedings referred to in section 6 or section 7, having had a reasonable opportunity to do so.