State Act

12

Section 12. Appeal and Revision

The Odisha Prevention of Land Encroachment Act, 1972.

Act no. 6 of 19721972In forceOdisha (State Act)

2[12. Appeal and Revision :– (1) An appeal from any decision or order made under this Act by the Tahasildar shall lie to the Sub-divisional Officer. (2) The Collector may revise a decision or order made by a Sub-divisional Officer under Sub-Sec. (1) 3[or under Sec. 7 or Sec. 8-A.] (3) The 4[Revenue Divisional Commissioner having jurisdiction] may call for and examine the records of any proceedings under this Act before any officer in which no appeal or revision lies and if such officer appears– (a) to have exercised a jurisdiction not vested in him by law; or (b) to have failed to exercise a jurisdiction so vested; or (c) while acting in the exercise of his jurisdiction to have contravened some express provision of law affecting the decision on the merits, where such contravention has resulted in serious miscarriage of justice, it may after giving the parties concerned a reasonable opportunity of being heard pass such order as it deems fit. (4) Pending the disposal of any appeal or revision the Sub-divisional Officer, the Collector the 1[Revenue Divisional Commissioner] as the case may be, may stay the execution of the decision or order appealed against or sought to be revised.