LAWS(GAU)-1993-8-15

LAMABAM GOURAMANI SINGH Vs. THE TRIBUNAL OR PRESIDING OFFICER OF THE COURT OF TRIBUNAL AND THE STATE OF MANIPUR AND ORS.

Decided On August 19, 1993
Lamabam Gouramani Singh Appellant
V/S
The Tribunal Or Presiding Officer Of The Court Of Tribunal And The State Of Manipur And Ors. Respondents

JUDGEMENT

(1.) THIS is an application filed under Article 226 and 227 of the Constitution of India challenging Annexure -A/4 order dated 4.4.75 passed by the Revenue Tribunal, Manipur rejecting an application seeking review of its earlier judgment at Annexure -A/3 in T.R. Revision Case No. 6/73.

(2.) THE dispute between the 3rd Respondent and the present Petitioner reached the Deputy Commissioner, Central, Manipur under the provisions of the Manipur Land Revenue and Land Reforms Act, 1961 (for short, the Act) and the Manipur Land Revenue and Land Reforms Rules, 1961 (for short, The Rules) Annexure -A/2 is the order of the Deputy Commissioner 3rd Respondent challenged this order before the Revenue Tribunal, Manipur which allowed the revision under Annexure -A/3 order. Thereupon the Respondent in the revision case, who is the present Petitioner, filed an application for review. That was rejected on the ground that Section 46 of the Act confers powers of review only on Revenue Officers and since the Tribunal is not a Revenue Officer, it has no power of review.

(3.) TRIBUNAL is defined in Section 2(VV) of the Act as any officer appointed by the State Govt. to be the Tribunal for the purpose of the Act and any other law for the time being in force in the State of Manipur. The Tribunal whose order is now in question is a Tribunal as defined in the Act. Section 4 enumerates Revenue Officers of different status, ranging from Revenue Commissioner to Village Officer and includes Deputy Commissioner. Section 93 provide for appeal to the Tribunal against any original order passed by the Deputy Commissioner. Section 93(2) provides for 2nd appeal to the Tribunal against an order passed under Clause (b) or (e) of Section 93(1). Section 95 confers on the Tribunal power, either on its own motion or on the application of any party to call for records of any proceedings before any Revenue Officer Subordinate to him and to pass such order as the Tribunal deems fit. The order passed by the Tribunal in revision setting aside the order of the Deputy Commissioner is one passed in exercise of the jurisdiction under Section 95 of the Act.