JAGA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN these two revisions the following question has been referred to the Larger Bench by a Single Bench : - "whether the period of 90 days provided in proviso (iii) to section 86 is applicable even to an application for review of an order effecting any question of right between a private person and the State or it is applicable only when the order is one effecting any question of right between the private persons. "

(2.) IT will be worthwhile to recapitulate in brief the circumstances in which this reference was necessitated. The Assistant Colonisation Commissioner Rawatsar (headquarter Hanumangarh) dismissed the two review applications filed before him in these two matters as being barred by time, as they were not filed within 30 days of the date of the orders sought to be reviewed. According to him, the period of limitation for applications for review, in matters in which the State was a party, would be governed by Article 124 of the Indian Limitation Act, 1963 by virtue of section 87 of the Land Revenue Act and the period so provided is 30 days. Two revisions against the orders of the learned Assistant Colonisation Commissioner dated 24 4-73 were filed before this Board and came for hearing before one of us. IT was contended that the period of limitation for filing application for review before any revenue court or officer is 90 days as provided under (iii) proviso to section 86 and, therefore, the learned Assistant Colonisation Commissioner was wrong in holding that only a period of 30 days under Article 124 of the Indian Limitation Act, 1963 was provided for such applications for review. Reliance in this connection was placed upon a decision of a Division Bench of this Board in review No. 82/72/jhalawar jamal Shah vs. State of Rajasthan decided on 8-4-74. In that matter the following two questions had been referred to a Division Bench : - (1) Whether provisions of the Indian Limitation Act, 1908 apply to applications for review under the Land Revenue Act; and (2) What is the limitation prescribed for filing applications for review under the Land Revenue Act.

(3.) IN our opinion, this question need not be re-opened for a variety of reasons. IN the first place this question is not the subject matter to the present references. IN the second place the learned Division Bench had after referring to section 8 of the INdian General Glauses Act and section 9 of the Rajasthan General Clauses Act and various decisions of the Hon'ble Supreme Court and the other High Courts had come to the conclusion that as the Limitation Act of 1908 had been repealed and re-enacted by the Act of 1963 the reference to the Limitation Act of 1908 in section 87 must be deemed to be reference to the re-enacted Limitation Act of 1963. This conclusion of the learned Division Bench now stands reinforced by a decision of the HIGH COURT OF RAJASTHAN in civil writ No, 1265/73 Chandu Ram vs. the State of Rajasthan decided on 12 3-74. IN these circumstances we do not feel inclined nor called upon to reconsider this question.