Powers of revenue minister
Mohammed Rizwan Shaikh
(Querist) 19 February 2014
This query is : Resolved
Hi Experts,
In the year 2012, tehsildar had sent a demand notice of 12 Cr in respect to the Royalty of Mineral Exacavation on a partnership firm of building construction, where the actual backlog holder of the royalty is a 40% partner in the partnership firm.
Being aggrieved, the partnership firm filed a case in the High Court and produced all the legal documents including the orders of the Revenue Minister wherein the Revenue Minister set-aside all the previous orders of the Addl Collector, tehsildar etc. by way of revision to the order of former Revenue Minister 1995 in the year 1997.
Single Judge asked the partnership firm to deposit 3.5 Crore, the firm filed an appeal against the impugned order of the single judge. The Divisional Judge held that the Revenue Minister cannot review the order of the then Revenue Minister.
The matter has been listed for next week.
MY questions are:
1. Does a Revenue Minister has power to review the former Revenue Minister?
2. I would appreciate if the learned experts cites some SC judgements and Acts on the same issue where the Revenue Minister has reviewed their own order.
3. Which act would be applicable in our matter?
Regards,
Rizwan Shaikh
Shashikant V. Patil
(Expert) 19 February 2014
The Divisional Judge rightlty held that the Revenue Minister cannot review the order of the then Revenue Minister. The matter is going in right directions,however,you may find the citations concern in the legal websites.
Rajendra K Goyal
(Expert) 19 February 2014
Citation is not provided in this section, you can search on google.
Mohammed Rizwan Shaikh
(Querist) 19 February 2014
Namaste Rajendra ji.....
I truly understand but can the Revenue Minister review the order of the then Revenue Minister?
Dr J C Vashista
(Expert) 19 February 2014
Review of order/judgement is done by the person passed it or his/her sucessor. In this case RM can review within its limitations of time, error apperant or some new facts. Please findout citations yourself.
P. Venu
(Expert) 19 February 2014
Facts, as stated, are furnished are confusing or incomplete. Anyhow, await the final decision of the Division Bench.
T. Kalaiselvan, Advocate
(Expert) 19 February 2014
Since the matter is subjudice, wait for the high court's final judgment.
