Error / Mistake on the face of a Financial Commissioner Order

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This topic contains 2 replies, has 2 voices, and was last updated by  John Rambo 1 month, 3 weeks ago.

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  • #4570

    John Rambo
    Guest

    Team,

    In an order given by the Financial Commissioner (FC) of a state which contains an error / mistake on the face of it (say seeking/checking the records of a different parcel of land as compared to what is being adjudicated upon), what would be the legal remedy to correct it ? I have 3 different views on the same ranging from

    Option 1) File a “review” application under the state land revenue act together with a condonation of delay application under the limitation act (the delay is very huge!)

    Option 2) File an application under section 114 CPC together with order 47 rule 1 CPC (Is CPC applicable in the first place in FC?)

    Option 3) File an application under article 226 in High Court

    Team, could you please suggest me that which one of the above 3 options is the best suited and if there are any other options for me to pursue.

    I sincerely thank and appreciate your time and effort spent in this. May god dispose-off your cases early!!

  • #4580

    Firstly, you’ll have to check the provisions of the relevant State Land Revenue Act as to whether there is a provision for review of the decision of the Financial Commissioner. Generally, there is such a provision for review on the ground of error on the face of the record. Confirm it. If it is there, then you can apply for review.

    Order 47 Rule 1 of the CPC is also basically for review of the order of the court which passed a decree, on certain conditions being satisfied as mentioned in that provision. You’ll have to check the relevant provisions of the State Land Revenue Act as to whether order of the Financial Commissioner is declared as a decree and whether the provisions of the CPC are made applicable to such decisions. Presuming that Order 47 Rule 1 is applicable, you’ll have to compare as to under which legal provision the review powers are wider and also the limitation angle. Moreover, sometimes, an application / appeal etc. is filed under two provisions simultaneously if both provisions are applicable. Examine that possibility too.

    Before you think of filing a petition under Article 226 of the Constitution before the high court, ascertain whether there is any alternative remedy (such as appeal, revision, etc.) available against the order being challenged. If yes, then first exhaust such alternative remedy. If not, you can consider filing writ petition under Article 226.

    I cannot comment on the detailed facts of your case in the absence of knowing full details. What I have mentioned above are broad guidelines. Consult some local lawyer by showing him all your relevant documents.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

  • #4588

    John Rambo
    Guest

    Dear Ashok Sir,

    Thanks a lot for taking out time to answer the query; really appreciate your time and effort. I would look into it and get back to you if there are any follow ups on this. Thanks once again.

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