Section 171 in The Himachal Pradesh Land Revenue Act, 1953
171. Exclusion of jurisdiction of Civil Courts in matters within the jurisdiction of Revenue Officers.
- Except as otherwise provided by this Act-(1)A Civil Court shall not have jurisdiction in any matter which the State Government or a Revenue Officer is empowered by this Act, to dispose of or take cognizance of the manner in which the State Government or any Revenue Officer exercises any powers vested in it or him by or under this Act; and in particular-(2)A Civil Court shall not exercise jurisdiction over any of the following matters, namely-(i)any question as to the limits of any land which has been defined by a Revenue Officer as land to which this Act does or does not apply;(ii)any claim to compel the performance of any duties imposed by this Act or any other enactment for the time being in force on any Revenue Officer, as such;(iii)any claim to the office of kanungo, or village officer, or in respect of any injury caused by exclusion from such office, or to compel the performance of the duties or a division of the emoluments thereof;(iv)any notification directing the making or revision of a record-of-rights;(v)the framing of a record-of-rights or [periodical] [Substituted for word 'tannual' under section 11(1 )of H.P. Act 21 of 1976.] record or the preparation, signing or attestation of any of the documents included in such a record;(vi)the correction of any entry in a record-of-rights, [periodical] [Substituted for word 'tannual' under section 11(1 )of H.P. Act 21 of 1976.] record or register of mutations;(vii)any notification of the undertaking of the general re-assessment of a district or tehsil having been sanctioned by the State Government;(viii)the claim of any person to be liable for an assessment of land-revenue or of any other revenue assessed under this Act;(ix)the amount of land revenue to be assessed on any estate or to be paid in respect of any holding under this Act;(x)the amount of, or the liability of any person to pay, any other revenue to be assessed under this Act, or any cess, charge or rate to be assessed on an estate or holding under this act on any other enactment for the time being in force;(xi)any claim relating to the allowance to be received by a land-owner who has given notice of his refusal to be liable for an assessment, or any claim connected with, or arising out of, any proceeding taken in consequence of the refusal of any person to be liable for an assessment under this Act;(xii)the formation of an estate out of waste land;(xiii)any claim to hold free of revenue any land, mills, fisheries or natural products of land or water;(xiv)any claim connected with, or arising out of, the collection by the State Government, or the enforcement by the Government of any process for recovery of land-revenue or any sum recoverable as an arrear of land-revenue;(xv)any claim to set aside, on any ground other than fraud, a sale for the recovery of an arrear of land revenue or any sum recoverable as an arrear of land-revenue;(xvi)the amount of, or the liability of any person to pay any fees, fines, costs or other charges imposed under this Act;(xvii)any claim for partition of an estate, holding or tenancy, or any question connected with, or arising out of proceedings for partition not being a question as to title in any of the property of which partition is sought;(xviii)any question as to the allotment of land on the partition of an estate holding or tenancy, or as to distribution of land subject by established custom to periodical redistribution, or as to the distribution of land-revenue on the partition of an estate or holding or on a periodical redistribution of land, or as to the distribution of rent on the partition of a tenancy;(xix)any question connected with or arising out of or relating to any proceedings for the determination of boundaries of estates subject to river action under sections 108, 109, 110 and 111 respectively of Chapter VIII;(xx)any claim to set aside or disturb a division or appraisement of produce confirmed or varied by a Revenue Officer under this Act;(xxi)any question relating to the preparation of a list of village cesses or the imposition by the State Government of conditions on the collection of such cesses;(xxii)any proceeding under this Act for the commutation of the dues of a superior land-owner;(xxiii)any claim arising out of the enforcement of an agreement to render public service in lieu of paying land-revenue, or(xxiv)any claim arising out of the liability of an assignee of land-revenue to pay a share of the cost of collecting or reassessing such revenue, or arising out of the liability of on assignee to pay out of assigned land revenue, or of a person who would be liable for land-revenue, if it had not been released, compounded for, or redeemed, to pay on the land-revenue for which he would, but for such release, composition or redemption, be liable, such a percentage for the remuneration of a village officer as may be prescribed by rules for the time being in force under this Act;(xxv)[any question, as to any land or any right to, or title or interest in, the land which is an encroached land or in relation to which any person claims that it has vested or is deemed to have vested in him and that he cannot be ejected therefrom under sub-section (1) of section 163; and"] [Added by H.P. Land Rev. (Amendment) Act No. 15 of 1989 published on 27.6.89 in R.H.P. ex-ordinary pages 1503-1504.](xxvi)[ the ejectment of any person under section 163 or the recovery of damages or fine payable under sub-section (1) of that section] [Added by Section 4 of HP. Act No. 19 of 1971.].AnnexureThe text of important provisions of the Himachal Pradesh Land Revenue (Amendment and Extension) Act 1976 (21 of 1976)."29. Extension. - The principal Act as amended by this Act and all rules and orders made and all notifications directions or Instructions issued which are in force immediately before the commencement of this Act in the territory to which the said Act applies are hereby extended to and shall be in force in the territories added to Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966.
