Ammani Ammal vs The Special Commissioner and Commissioner of Land Administration, The District Revenue Officer and Rasappan

Vinod K. Sharma, J.—The Petitioner prays for issuance of a Writ in the nature of Certiorari to quash the impugned order dated 20.10.2005 passed by the learned The Special Commissioner and Commissioner of Land Administration, Chepauk, Chennai-5.

The only ground on which the impugned order is challenged by the Petitioner, is that the Special Commissioner and Commissioner of Land Administration has no jurisdiction to entertain the revision against the order of the District Revenue Officer, Pudukkottai passed as revisional authority.

The case of the Petitioner is that on 30.09.1995, 2"C" patta was granted in favour of the Petitioner. The Respondent No. 3 feeling aggrieved by the grant of patta, challenged the order before the Revenue Divisional Officer, Pudukkottai. The appeal was also dismissed, on merits.

The Respondent No. 3 being still aggrieved, invoked the revisional jurisdiction of the District Revenue Officer. The revision filed by Respondent No. 3 was also dismissed on 09.10.2002.

There is no provision for second revision under the Revenue Standing Orders. Respondent No. 3 approached Respondent No. 1 to challenge the order passed by the District Revenue Officer. The Respondent No. 1 taking the order of Revenue Divisional Officer to be one passed in appeal, proceeded to adjudicate the dispute and set aside the order passed by the said authorities.

The facts stated and order placed on record, shows that the District Revenue Officer had exercised the revisional jurisdiction, while upholding the order passed by the appellate authority in granting patta.

In the absence of provisions for second revision, it was not open to the Respondent No. 1 to have exercised the revisional jurisdiction.

It is well-settled law, that in the absence of any specific provisions of law, the second revision to challenge the order of the revisional authority is not competent.

Consequently, the Writ Petition is allowed, the impugned order is set aside, being without jurisdiction. Consequently, connected Miscellaneous Petition is dismissed. No costs.