Limit of 90 days for revision appeal under Land Revenue Act, too: HC

Limit of 90 days for revision appeal under Land Revenue Act, too: HC

Srinagar: The High Court of Jammu and Kashmir and Ladakh on Monday reiterated that a revision petition shall be filed within the same period as is prescribed for filing an appeal against a decree or order, which is 90 days.
The court recorded that the provision of the law in Sub-section (2) of Section 12 of the Land Revenue Act, expressly, clearly and unambiguously provides limitation period for revision applications under the Act as being the same as provided for revisions under the Limitation Act in civil suits.
“The plea or the contention that the law of limitation is not attracted to the revision applications under the Land Revenue Act does not hold good,” the Bench of Justice Ali Mohammad Magrey and Justice Mohd Akram Chowdhary held.
The bench while agreeing with the High Court judgement passed in 2018 in case titled Ayoub Gujar & Ors vs Financial Commissioner, Revenue & Ors, recorded that delayed exercise of revisional jurisdiction is frowned upon because if actions or transactions were to remain forever open to challenge, it will mean avoidable and endless uncertainty in human affairs, which is not the policy of law.
It was further recorded that because even when there is no period of limitation prescribed for exercise of such powers, the intervening delay may have led to creation of third-party rights that cannot be trampled upon by a belated exercise of a discretionary power especially when no cogent explanation for the delay is in sight.
“Rule of law, it is said, must run closely with the rule of life. Even in cases where the orders sought to be revised are fraudulent, the exercise of power must be within a reasonable period of the discovery of fraud,” the court said.
The bench came to a definite conclusion that a revision arising out of the provisions of the Land Revenue Act under Section 15 thereof, initiated at the instance of an aggrieved party, would attract the law of limitation.

Leave a Reply

Your email address will not be published.