The revision before the Additional Collector against the order in appeal passed by the DCLR can be filed under Section 12 of the Bihar Land Land Mutation Rules, 2012. Section 12 of the Bihar Land Land Mutation Rules, 2012 reads:-"12. Revision.(1) Any person aggrieved by the order of the Land Reforms Deputy Collector, may file an application for revision in the Court of Collector/ Additional Collector of the District concerned within thirty (30) days from the date of the order. (2) The Collector/ Additional Collector concerned may condone the delay in filing of the application for revision provided he is satisfied that there are sufficient reasons for the delay. (3) As soon as the application for revision is filed, the Collector/ Additional Collector shall call for the case-record from the Land Reforms Deputy Collector concerned. or the Circle Officer concerned in whose custody the case-record lies. (4) The Collector/Additional Collector shall issue notice to all parties concerned with the case, directing them to appear either in person or through their authorized representatives on the date, time and place fixed for the hearing of the case. (5) In case any of the parties does not appear even after a reasonable opportunity to appear and being heard has been given, the Collector/Additional Collector may dispose off the case ex-parte on the basis of the available records. (6) The time limit for the disposal of the mutation revision application shall be of thirty (30) working days from the date of the filing of such application. (7) After the disposal of the mutation revision application, the Collector/ Additional Collector shall return the case- record to the Circle Officer concerned for implementation of his order. (8) On receipt of the Case-record, the Circle Officer shall issue correction slip in the manner as provided in rule-9. (9) On receipt of the correction slip, the Karmachari shall alter the entries in the revenue records concerned in the manner as provided in rule-10."
An appeal-Mutation Appeal-can be filed before the Collector against the order passed by the Additional Collector in Mutation Revision Case. The appeal is filed before the Collector under Section 7 of the Bihar Land Land Mutation Act, 2011 read with Rule 14 of the Bihar Land Mutation Rules, 2012. The Collector cannot exercise the power of appeal against an order of revision. The Collector does not have the power to entertain an appeal against the order of the Additional Collector passed in Revision under Section 12 of the Bihar Land Land Mutation Rules, 2012. The order passed by the Additional Collector in revision can be challenged before the Bihar Land Tribunal (BLT) constituted under under Chapter XIII of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961.
BLT is constituted to address the land related issues of raiyats of state. Disputes relating to land pending before different forums in the State of Bihar are huge in number and the present machinery including Civil Court is over burdened because of pendency of huge number of disputes relating to land. Right, title and possession over land is regulated under various land laws operating in the State of Bihar. The different forums under different land laws have been provided for adjudication of disputes. The State government is faced with complexities arising out of the multiplicity of adjudicating machinery and delay in the settlement of disputes. The State government strives to ensure speedy disposal of disputes under various land laws. In the absence of a common adjudicatory body, the people of the State are faced with undue hardship in getting their grievances redressed.
The Constitution of India has conferred jurisdiction under Article 323B on appropriate legislature, to provide for adjudication or trial by Tribunals, by law, of any dispute, complaints or offences with respect to all or any of the matters specified in clause (2) with respect to which such legislature has power to make laws. In larger public interest and in the interest of the people of the State, it is deemed expedient to create a consolidated forum for adjudication of all disputes appertaining to land in the State of Bihar. With a view to provide a common and uniform forum for adjudication of disputes, it is necessary to create a Tribunal at the highest level in the hierarchy.
The Tribunal has the power to entertain any application against the final order passed by the Appropriate Authorities under the Acts/Manuals, mentioned below, within 90 days of such an order provided no other forum of appeal or revision against the order passed is provided in that Act/ Manuals:
The function of this department includes
The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961
The Bihar Land Reforms Act, 1950
The Bihar Tenancy Act, 1885
The Bihar Consolidation of Holdings and Prevention of Fragmentation Act,1956
The Bihar Tenants' Holdings (Maintenance of Records) Act, 1973
The Bihar Bhoodan Yagna Act, 1954
The Bihar Privileged Persons Homestead Tenancy Act, 1947
The Bihar Government Estates Manual, 1953
The Bihar Settlement Manual.
Bihar Land Disputes Resolution Act,2009
Bihar Special Survey and Settlement Act ,2001
Bihar Land Mutation Act,2011
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