AI Overview...
Revenue Court Barred against 90A Land
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Jurisdiction and Land Use - The court emphasized that the nature of land use is crucial in determining jurisdiction under Section 90A of the Land Revenue Act. If land is recorded as ‘mining area’ rather than agricultural, civil courts cannot entertain suits claiming otherwise. For instance, in the case referenced, the land was recorded as a mining area, leading to the suit being barred S.A.S. R.K. Marble Udhyog vs Shree Pustimargiya Tritiya Peeth-Pranyas Shri Dwarkadhees Mandir - Rajasthan.
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Section 90A and Finality of Orders - Sub-section (9) of Section 90A treats orders passed under this section as final, which limits the scope of civil courts to interfere or entertain related disputes, especially once the revenue authorities have made a definitive order. The courts have held that such orders are binding and not subject to civil suit unless specific conditions or exceptions apply Suraj Narain Sharma VS Authorized Officer, Zone-13, Jaipur Development Authority - Rajasthan.
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Civil Suit Bar and Limitation - Civil suits challenging revenue orders under Section 90A are generally barred if the land records or revenue authorities have made conclusive decisions. The limitation period for filing such suits is also critical; suits filed beyond the prescribed period are barred. For example, suits filed after three years from the date of right to sue are time-barred Rajeev Gupta VS Prashant Garg - Supreme Court.
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Factual Disputes and Maintenance of Writs - Disputes involving factual questions, such as whether land was orally gifted or the correctness of revenue records, are typically addressed within the revenue framework. Writ petitions challenging revenue orders are often dismissed if alternative remedies are available or if there is no violation of fundamental rights Suraj Narain Sharma VS Authorized Officer, Zone-13, Jaipur Development Authority - Rajasthan, Ram Kripal Das Ji Charitable Trust VS Phool Chand - Rajasthan.
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Legal Precedents and Case Law - Courts have consistently held that when land is recorded as non-agricultural (e.g., mining, forest, or waste land), civil courts lack jurisdiction to entertain suits claiming ownership or rights contrary to revenue records. Orders under Section 90A are final and binding, and suits based on such records are barred S.A.S. R.K. Marble Udhyog vs Shree Pustimargiya Tritiya Peeth-Pranyas Shri Dwarkadhees Mandir - Rajasthan, Mohan Lal Sharma VS Union of India - Rajasthan.
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Exceptions and Special Circumstances - In certain cases, if the suit involves questions of title independent of revenue records or if there is a violation of constitutional rights, civil courts may have jurisdiction. However, generally, revenue court decisions under Section 90A are immune from civil challenge unless procedural or substantive errors are evident Harlal Choudhary, S/o. Late Shri Ramchandra VS State of Rajasthan, Through Public Prosecutor, Jaipur, Rajasthan - Rajasthan.
Analysis and Conclusion
The overarching principle is that revenue courts, under Section 90A of the Land Revenue Act, have exclusive jurisdiction over disputes relating to land recorded as non-agricultural or specific categories like mining or forest. Civil courts are barred from entertaining such suits once revenue authorities have issued final orders, especially when the land's recorded use is inconsistent with the claim. The finality of revenue orders and the limitation period are critical factors in maintaining this jurisdictional bar. Therefore, suits challenging revenue decisions under Section 90A are generally barred unless exceptional circumstances or procedural violations are established.
References: - S.A.S. R.K. Marble Udhyog vs Shree Pustimargiya Tritiya Peeth-Pranyas Shri Dwarkadhees Mandir - Rajasthan - Suraj Narain Sharma VS Authorized Officer, Zone-13, Jaipur Development Authority - Rajasthan - Harlal Choudhary, S/o. Late Shri Ramchandra VS State of Rajasthan, Through Public Prosecutor, Jaipur, Rajasthan - Rajasthan - Lal Singh Jhala VS Panna Lal - Rajasthan - Rajveer Singh VS Babulal - Madhya Pradesh - Ram Kripal Das Ji Charitable Trust VS Phool Chand - Rajasthan - BHAGGAL VS RANGI LAL - Allahabad - Kapsons Electro Stampings VS Commissioner of Central Excise - Punjab and Haryana - Rajeev Gupta VS Prashant Garg - Supreme Court - Mohan Lal Sharma VS Union of India - Rajasthan
Search Results for "Revenue Court Barred against 90a Land"
2025 0 Supreme(Raj) 1240 • India - High Court of Rajasthan (Jodhpur Bench)
MS. JUSTICE REKHA BORANA, J
- The court reiterated that the nature of user of land is critical in determining jurisdiction and concluded the land in question ... claimed to be agricultural - The court found the land recorded as ‘mining area’ and not agricultural, hence the suits ... (Paras 20) ... ... Issues: The main issues included whether the land was agricultural and if the Civil Court had ... In Hastimal’s case (supra), the land in question was used for resi....
2017 0 Supreme(Raj) 2748 • India - Rajasthan
M.N.BHANDARI
LAND REVENUE - SECTION 90A - SECTION 83 - SECTION 84 - WRIT PETITION - MAINTAINABILITY - ALTERNATIVE REMEDY - FACTUAL DISPUTE ... Land Revenue Act, 1956, and the subsequent order passed by the Divisional Commissioner dismissing the appeal. ... The court observed that sub-section (9) of Section 90A, which treats the order passed under Section 90A as final, does not bar the ... He made reference of judgment of the Division Bench of this court....
2024 0 Supreme(Raj) 706 • India - Rajasthan
ANIL KUMAR UPMAN
Quashing - FIR - IPC Sections 406, 420, 467, 468, 471, 120B; Rajasthan Land Revenue Act, 1956 Section 90A ... Finding of the Court: Fact of the Case: The complainant alleged that the accused conspired to defraud them regarding a land ... There was no stay or restrained order passed by any civil court and therefore, proceedings for conversion of land under Section 90A of Land Revenue Act were initiated. ... #HL_STA....
2016 0 Supreme(Raj) 905 • India - Rajasthan
ARUN BHANSALI
Tax – Said determination essentially pertained to issue of capital gains and was not in relation to the jurisdiction of the Civil Court ... property – Respondent filed a suit for permanent injunction, inter-alia, with the averments that the plaintiff has been using land ... has been transferred to the plaintiff Laxmi Lal and possession has been handed-over – It was averred that the land has not been ... , the jurisdiction of the civil court is completely barred. ... It is thus, very much clear that the....
2017 0 Supreme(MP) 77 • India - Madhya Pradesh
ROHIT ARYA
... (2) Land Revenue Code, 1959 (M.P.) -- S.250(1)(b) -- starting point ... as non-maintainable on ground of limitation -- orders of SDO and Board of Revenue set aside -- petition allowed. ... Revenue Code, 1959 (M.P.) -- S.250(1)(i-a) -- right to application under -- Bhumiswami or his successor-in-interest has right to ... The present respondents/plaintiffs filed a revision petition before the Baord of Revenue. ... in village Karola, Tahsil Morena vide Civil Suit No.90A/2003. ... Sub-....
2012 0 Supreme(Raj) 279 • India - Rajasthan
PRASHANT KUMAR AGARWAL
agricultural land in the name of respondent defendants — Plea that land was orally gifted by the khatedars for construction of the ... only the plaint is liable to be rejected and the suit itself cannot be dismissed on that account — Suit wrongly dismissed by trial Court ... C.P.C., Order 7, Rule 11 — Dismissal of suit — Suit for decleration and permanent injunction — Land in dispute is recorded as an ... It is thus, very much clear that the present suit was clearly barred by law as Section 207 of the R....
1985 0 Supreme(All) 265 • India - Allahabad
N.N.SHARMA
Finding of the Court: The trial court and the lower appellate court found that the plaintiffs were in exclusive possession ... The presumption under S. 90a of the Evidence Act was not applicable as the sale deed was not the basis of the suit but only a piece ... Zamindari Abolition and Land Reforms Act, 1950. Ratio Decidendi: 1. ... Thus the suit was barred by estoppel and acquiescence. ... ( 15 ) SMT. ... ... ( 18 ) LEARNED trial Court found that the suit was not....
2015 0 Supreme(P&H) 945 • India - Punjab and Haryana
S.J.VAZIFDAR, G.S.SANDHAWALIA
with such deposit to safeguard the interests of revenue. ... Finance Act - Service Tax - Section 83, Section 35G - 65(90a), 105(zzzz) - The court discussed the amended Section 35F of the ... Finding of the Court: The court found that the substantial questions of law raised by the appellant did not arise for ... The plea that the demand was time barred was also rejected as the fact had never been disclosed to the Department on its own and was only detected by the audit team. ... Couns....
2025 5 Supreme 25 • India - Supreme Court
DIPANKAR DATTA, PRASHANT KUMAR MISHRA
be counted from that date of right to sue first accruing and suit, if not instituted within three years therefrom, would become barred ... appellate stage, which did not ultimately fructify – Civil suit of plaintiffs having been instituted in 2003, it was hopelessly barred ... Findings of Court: High Court, in exercise of its second appellate jurisdiction, did ... Lastly, the revenue records were to be mutated to insert Dr. Karam Chand’s name. ... Most importantly, in 1956, the name of Ramesh Chand was....
2008 0 Supreme(Raj) 982 • India - Rajasthan
NARAYAN ROY, MOHAMMAD RAFIQ
(a) Rajasthan Land Revenue Act, 1956, Sec. 102-A, 103(a)(ii); Jaipur Development Authority Act, 1982, Sec. 54, 90 and Rajasthan Tenancy ... to the order of the Supeme Court with reference to the dictionary meaning of the term "forest" irrespective of its ownership, be ... that the land allotted is charagah land which could not be allotted for commercial purpose — Held — Land as defined in Sec. 103 ... to be a plantation on a revenue waste land. ... S....
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