1[44. Appeal and Appellate Authority.—

(1) Save as otherwise provided, an appeal shall lie from every original order passed under this Code or rules made thereunder—

(a)      if such order is passed by a Revenue Officer sub-ordinate to the Sub-Divisional Officer, to the Sub-Divisional Officer;

(b)      if such order is passed by a Revenue Officer sub-ordinate to the Deputy Survey Officer, to the Deputy Survey Officer;

(c)      if such order is passed by the Sub-Divisional Officer to the Collector;

(d)      if such order is passed by the Deputy Survey Officer to the District Survey Officer;

(e)      if such order is passed by any Revenue Officer in respect of whom a direction has been made under sub-section (3) of Section 12 or Section 21 to such Revenue Officer as the State Government may direct;

(f)       if such order is passed by the Collector to the Commissioner;

(g)      if such order is passed by the District Survey Officer to the Commissioner, Land Records;

(h)      if such order is passed by the Commissioner or the Commissioner, Land Records to the Board of Revenue.

(2)   Save as otherwise provided, under this Code or the rules made thereunder, second appeal against every order passed in first appeal shall lie—

(a)      if such order has been passed by the Sub-Divisional Officer or the Deputy Survey Officer or the Collector or the District Survey Officer, to the Commissioner;

(b)      if such order has been passed by the Commissioner or the Commissioner, Land Records, to the Board of Revenue.

(3)     A second appeal shall lie on the following grounds, namely :—

(a)    if the original order has in the first appeal been varied or reversed, otherwise than in a matter of cost; or

(b)     if the order is contrary to law or usage having the force of law; or

(c)    if the order has failed to determine some material issue of law or usage having force of law; or

(d)    if there has been a substantial error or defect in the procedure as prescribed by this Code, which may have produced error or defec in the decision of the case upon merits.

(4)   An order passed in review varying or reversing shall be appealable in lik« manner as the original order.]

1.       Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to substitution Section 44 stood as under:—

"44. Appeal and appellate authorities—(1) Save where it has been otherwise provided, an appeal shall lie from every original order under this Code or the rules made thereunder—

(a)     if such order is passed by any Revenue Officer subordinate to the Sub- Divisional Officer, whether or not any officer passing the order is invested with the powers of the Collector to the Sub-Divisional Officer;

(b)    if such order is passed by the Sub-Divisional Officer, whether or not invested with the powers of the Collector to the Collector;

(c)     if such order is passed by any Revenue Officer subordinate to the Settlement Officer to the Settlement Officer;

(d)    if such order is passed by any Revenue Officer in respect of whom a direction has been issued under sub-section (3) of Section 12 or sub-section (2)  of Section 21 to such Revenue Officer as the State Government may direct;

(e)     if such order is passed by a Collector whether exercising the powers of Collector or Settlement Officer, during the currency of the term of settlement to the Commissioner;

(f)   if such order is passed by a Settlement Officer, whether exercising the powers of Settlement Officer or the powers of a Collector in connection with any settlement operation unless otherwise expressly provided to. the Settlement Commissioner;

(g)    if such order is passed by the Commissioner or the Settlement Commissioner to the Board.

(2) Save as otherwise provided a second appeal shall lie against every order passed in first appeal under this Code or the rules made thereunder—

(i)     by the Sub-Divisional Officer or the Collector to the Commissioner;

(ii)       by the Settlement Officer to the Settlement Commissioner;

(iii)     by the Commissioner to the Board-

(a) if the original order has in the first appeal been varied or reversed otherwise than in a matter of cost; or

(b) on any of the following grounds and no other, namely.—

(i)      that the order is contrary to law or usage having the force of law;or

(ii)     that the order has failed to determine some material issue of law or usage having force of law; or

(iii)     that there has been a substantial error or defect in-the procedure as prescribed by this Code, which may have produced error or defect in the decision of the case upon merits.

(3)  An order passed in review varying or reversing any order shall be appealable ii like manner as the original order. .

45. [* * *]

46.    No appeal against certain orders.—

No appeal shall lie under this Code from an order—

(a)      admitting an appeal or application for review on the grounds specified in Section 5 of ifthe Limitation Act, 1963 (36 of 1963)]; or

(b)       rejecting an application for review; or

(c)       granting or rejecting an application for stay; or

(d)       of an interim nature; or

(e)      relating to appointment under sub-section (2) of Section 104 or sub-section (1)

of Section 106.

1.       Substituted by C.G. Act No. 32 of 2013, w.e.f. 19-8-2013.

 

2.       Inserted by C.G. Act No. 17 of 2008, w.e.f. 23-8-2008.

47.     Limitation of appeals.—

No appeal shall lie—

(a)      to the Sub-Divisional Officer or Collector or Settlement Officer or Settlement Commissioner, after the expiration of forty-five days from the date of the order to which objection is made; or

²[(b) to the Commissioner after the expiration of sixty days from such date; or]

(C)      to the Board, after the examination of ninety days from such date :

Provided that an appeal to any Revenue Officer specified in clause (a) from an order passed in the Madhya Bharat region before the coming into force of this Code may be filed before the expiration of sixty days from the date of such order:

Provided further that where a party, other than a party against whom the order has been passed ex-parte, had no previous notice of the date on which the order is passed, limitation under this section shall be computed from the date of the communication of such order.

48.    Copy of order objected to accompany petition.—

Every petition for appeal, review or revision shall be accompanied by a certified copy of the order to which objection is made unless the production of such copy is dispensed with.

49.    Power of appellate authority.—

(1) The appellate authority may either admit the appeal or, after calling for the record and giving the appellant an opportunity to be heard, may summarily reject it:

Provided that the appellate authority shall not be bound to call for the record where the appeal is time-barred or does not lie.

(2) If the appeal is admitted date shall be fixed for hearing and notice shall be served on the respondent.

1[(3) After hearing the parties, the Appellate Authority may confirm, vary or reverse the order appealed against; or may take such additional evidence as it may consider necessary for passing its order :

Provided that no such order passed by the Appellate Authority shall have the effect of remanding the case for disposal by any Revenue Officer subordinate to it.]

(1.Substituted by C.G. Act No. 11 of 2003, w.e.f. 23-11-2002.)

50.   Revision.—

(1) The Board ^{[1] [2] [3]}[or the Commissioner] or the ^Commissioner, Land Records] or the Collector or the ^[4][District Survey Officer] may at any time on its/his motion or on the application made by any party for the purpose of satisfying itself/himself as to legality or propriety of any order passed by or as to the regularity of the proceedings of any Revenue Officer subordinate to it/him call for, and examine the record of any case pending before, or disposed of by such officer, and may pass such order in reference thereto as it/he thinks fit:

Provided that—

(i)    no application for revision shall be entertained—

(a)  against an order appealable under this Code;

(b)  against an order of the ^Commissioner, Land Records] under Section 210,

(c) against an order passed in revision by the ²[Commissioner or] the ^Commissioner, Land Records] in respect of cases under Section 170-B, nor shall any such order be revised by the Board on its own motion;

(ii) no such application shall be entertained unless presented within sixty days to the ²[Commissioner or] the ^[Commissioner, Land Records] or the Collector or the ⁴[District Survey Officer], as the case may be, or within ninety days to  the Board of Revenue from the date of the order and in computing the period aforesaid, time requisite for obtaining a copy of the said order shall be excluded;

(iii). no order shall be varied or reversed in revision unless notice has been served on the parties interested and opportunity given to them of being heard.

(2)    Notwithstanding anything contained in sub-section (1)—

(i)    where proceedings in respect of any case have been commenced by the Board under sub-section (1) no action shall be taken by the ¹ [Commissioner or] the ^Commissioner, Land Records] or the Collector or the ^[1][District Survey Officer] in respect thereof;

(ii)   where proceedings in respect of any case have been commenced by the ¹ [Commissioner or] the ^Commissioner, Land Records] under sub-section (1), no action shall be taken by the Collector or the ³[District Survey Officer] in respect thereof;

(iii)    where proceedings in respect of any such case have been commenced by the ¹ [Commissioner,] ²[Commissioner, Land Records], Collector or ³[District Survey Officer] under sub-section 1 the Board may either refrain from taking any action under this section in respect of such case until the final disposal of such proceedings by the ^[Commissioner or the] ^Commissioner, Land Records] or the Collector or the ³[District Survey Officer], as the case may be, or may withdraw such proceedings and pass such order as it may deem fit;

(iv)    where proceedings in respect of any such case have been commenced by the Collector or the ³[District Survey Officer] under sub-section (1), i[the Commissioner or] the ²[Commissioner, Land Records] may either refrain from taking any action under this section in respect of such case until the final disposal of such proceedings by the Collector or the ³[District Survey Officer], as the case may be, or may withdraw such proceedings and pass such order as it may deem fit.

Explanation.—

For the purpose of this section all Revenue Officers shall be deemed to be subordinate to the Board.

2.Inserted by C.G. Act No. 17 of 2008, w.e.f. 23-8-2008.

3.Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022, for the words "Settlement Commissioner". ^z

4.Substituted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022, for the words "Settlement Officer".

51.   Review of orders.—

(1) The Board and every Revenue Officer may, either in its/his own motion or on the application of any party interested review any order passed by itself/himself or by any of its/his predecessors in office and pass such order in reference thereto as it/he thinks fit;

Provided that—

(i) if the ^Commissioner,] ^Commissioner, Land Records], Collector or ³[District Survey Officer] thinks it necessary to review any order which he has not himself passed, he shall first obtain the sanction of the Board, and if an officer subordinate to a Collector or ³[District Survey Officer] proposes to review any order, whether passed by himself or by any predecessor, he shall first obtain the sanction in writing of the authority to whom he is immediately subordinate;

(i-a) no order shall be varied or reversed unless notice has been given to the parties interested to appear and be heard in support of such order;

(ii) no order from which an appeal has been made, or which is the subject of any revision proceedings shall, so long as such appeal or proceedings are pending be reviewed;

(iii) 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 order shall be entertained unless it is made within ninety days from the passing of the order.

(2)   No order shall be reviewed except on the grounds provided for in the Code of Civil Procedure, 1908 (V of 1908).

(3)   For the purposes of this section the Collector shall be deemed to be the successor in office of any Revenue Officer who has left the district or who has ceased to exercise powers as a Revenue Officer and to whom there is no successor in he district.

(4)   An order which has been dealt with in appeal or on revision shall not be reviewed by any Revenue Officer subordinate to the appellate or revisional authority.

52.   Stay of execution of orders.—

(1) A Revenue Officer who has passed any order or his successor in office may, at any time before the expiry of the period prescribed for appeal or revision, direct the execution of such order to be stayed for such time as may be requisite for filing an appeal or revision and obtaining a stay order from the appellate or revisional authority.

(2)   The appellate or revisional authority may, at any time direct the execution of the order appealed from or against which a revision is made to be stayed for such time as it may think fit![:]

²[Provided that the execution of the order shall not be stayed for more than three months at a time or until the date of next hearing, whichever is earlier.]

(3)   The authority exercising the powers conferred by Section 50 or Section 51 may direct the execution of the order under revision or review to be stayed for such time as it may think fit 1[:]

²[Provided that execution of the order shall not be stayed foT more than three months at a time or until the date of next hearing, whichever is earlier.]

(4)   The Revenue Officer or the authority directing the execution of an order to be stayed may impose such conditions or order such security to be furnished as he or it thinks fit.

(5)   No order directing the stay of execution of any order shall be passed except in accordance with the provisions of this section.

53. Application of Limitation Act.—

Subject to any express provision contained in this Code the provision of ^[1][the Limitation Act, 1963 (36 of 1963)], shall apply to all appeal 46.    and applications for preview and revision] under this Code.

¹[54. Pending revision.—

Notwithstanding anything contained in this chapter, all revisions pending before any Revenue Officer, immediately before the coming into force of the Chhattisgarh Land Revenue (Amendment) Act, 2013, shall be heard and decided by such Revenue Officer as if this Act had not been enacted.]

1. Substituted by C.G. Act No. 32 of 2013, w.e.f. 19-8-2013.

55.    Application of Chapter.—

For avoidance of doubt, it is hereby declared that save as otherwise expressly provided in this Code, the provisions of this Chapter shall apply to—

(a)  all orders passed by any Revenue Officer before the date of coming into force of this Code and against which no appeal or revision proceedings are pending before such date; and

(b)  all proceedings before Revenue Officers, notwithstanding that they were instituted or commenced or arose out of proceedings instituted or commenced before the coming into force of this Code.

56.    Construction of order.—

In this Chapter, unless the context otherwise requires, expression "order" means the formal expression of the decision given by the Board or a Revenue Officer in respect of any matter in exercise of its/his powers under this Code or any other enactment for the time being in force, as the case may be.