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State of Telangana - Section

Section 166 in Telangana Land Revenue Act, 1317 F.

166. Review.

(1)Every Revenue officer may, either himself or on the application of any party when the application is accompanied by the original order or decision or by an authentic copy of such order or decision against which the review is desired, review the order or decision passed by him or his predecessor and make such order as he may deem fit:Provided that an application for review shall be made on the following grounds only:-
(a)when some new and important matter or evidence has been discovered which the applicant even after due diligence, could not know or adduce till the order or decision was passed; or
(b)when some mistake or omission, by reason of which the applicant has suffered loss, is apparent on the face of order or decision; or
(c)when there is some other reasonable ground for review.
(2)
(a)Where it appears to the reviewing authority that there is no reasonable ground for review he shall reject the application, but before rejecting the application, the person applying for review shall be given an opportunity to produce arguments in support of the application;
(b)Where such authority is of opinion that the application for review should be granted, he shall grant the application but before doing so the opposite party shall be given an opportunity of being heard;
(c)Where such application is on the ground of the discovery of new and important matter or evidence which the applicant alleges was not within his knowledge or could not be produced by him till the order or decision was passed, it shall not be granted unless such allegation is fully proved.
(3)Where in the opinion of a [*] [The words 'subedar ya' (Subedar or) were omitted by the A.P.A.O. 1957.] [Settlement Commissioner] [Substituted for the words 'Nazim Paimaish Bandobast, Nazim Land Records' (Commissioner of Survey Settlement, Commissioner of Land Records) by the A.P.A.O. 1957.] or the [Collector] [Substituted for 'Taluqdar' by the A.P.A.O. 1957.] [*] [Amended by Act No.III of 1355 Fasli.] the review of an order or decision not passed by him is necessary or when any other Revenue officer, below the rank of a [*] [Amended by Act No.III of 1355 Fasli.] [Collector] [Substituted for 'Taluqdar' by the A.P.A.O. 1957.] [*] [Amended by Act No.III of 1355 Fasli.] [Settlement Commissioner] [Substituted for the words 'Nazim Paimaish Bandobast, Nazim Land Records' (Commissioner of Survey Settlement, Commissioner of Land Records) by the A.P.A.O. 1957.] desires to review an order or decision whether passed by him or his predecessor every such officer shall before granting the application for review obtain the sanction of such officer or higher department whose immediate subordinate he may be.
(4)No order or decision shall be modified or annulled on review unless all the parties to the case to be affected are summoned and heard against the order or decision under review.
(5)When a memorandum of appeal or application for revision has been filed against any order or decision, such order or decision shall not be reviewed.
(6)No order or decision shall be reviewed which affects the mutual rights of the raiyot unless an application is filed by some party to the case and such application for review shall not be admitted unless it is filed within 90 days from the date of the order or decision.
(7)When an order or decision has been disposed of in appeal or revision, no Revenue officer lower in rank to the authority hearing the appeal or revision shall be competent to review such order or decision.
(8)For purposes of this section, the [*] [Amended by Act No.III of 1355 Fasli.] [Collector] [Substituted for 'Taluqdar' by the A.P.A.O. 1957.] [*] [Amended by Act No.III of 1355 Fasli.] shall be deemed to be the successor of every such Revenue officer in the district as may not be present within the limits of the district or who has ceased to have powers in the Revenue department: Provided that his successor has not been appointed.
(9)Orders passed in review shall on no account be reviewed.