Amendment status not verified — confirm the current text below against the official source.
Recovery of assessment and penalty as public demand :– The amount of fine, assessment or penalty, imposed under this Act on any person unauthorisedly occupying any land shall be recoverable from him as arrears of public demand. NOTES Sales for recovery of penal assessment, if prevails over prior encumbrance : See AIR 1942 Madras 244. 2[12. Appeal and Revision :– (1) An appeal from any decision or order made under this Act by the Tahasildar shall lie to the Sub-divisional Officer. (2) The Collector may revise a decision or order made by a Sub- divisional Officer under Sub-Sec. (1) 3[or under Sec. 7 or Sec. 8-A.] (3) The 4[Revenue Divisional Commissioner having jurisdiction] may call for and examine the records of any proceedings under this Act 15 before any officer in which no appeal or revision lies and if such officer appears– (a) to have exercised a jurisdiction not vested in him by law; or (b) to have failed to exercise a jurisdiction so vested; or (c) while acting in the exercise of his jurisdiction to have contravened some express provision of law affecting the decision on the merits, where such contravention has resulted in serious miscarriage of justice, it may after giving the parties concerned a reasonable opportunity of being heard pass such order as it deems fit. (4) Pending the disposal of any appeal or revision the Sub-divisional Officer, the Collector the 1[Revenue Divisional Commissioner] as the case may be, may stay the execution of the decision or order appealed against or sought to be revised. NOTES Distinction between powers of suo motu revision under Section 12 (2) and 12 (3), 13 – explained…… there is no limitation provided U/ s- 12(2) of the Act to exercise revisional powers – such powers would be exercised taking into consideration the Provisions of Art. 137 of the Limitation Act in filing of the Revision: 2005 (1) CLR 710: 2005 (1) OLR 666 and 2005 AIHC 2942 (Orissa) (Smt. Sarojini Mallick vs. State of Orissa and others) Exercise of Power U/s- 12(3) of the Act ….. Explained. It can be exercised only in cases where against the orders no appeal or revision lies. There was revision before the collector in the matter and as such no second revision U/s- 12(3) of the Act is tenable: 93 (2002) CLT 119 (Smt. Labongalata Panda vs. State of Orissa) The Provisions of this Section are to check illegality and improprietority while making settlement or denying settlement: 2003 (II) OLR 637. The Jurisdiction should be exercised within a reasonable period: 2000 (II) OLR 260. The petitioner was lessee of a nazul plot – the same plot was sold to another person. On a complain, the Commissioner directed the Tahasildar to initiate encroachment case and to cancel the lease of nazul plot. The Commissioner has no jurisdiction to give such direction and he cannot declare the said Sale Deed illegal. The matter is to be dealt with summarily as per the Provisions of the Act by the Tahasildar: 2000 (I) OLR 178.