Revenue Courts Deciding Land Ownership, Tenancy Rights Without Any Judicial Training: Rajasthan High Court Calls For Structural Reforms

While taking note of lack of legal education and training to the officers posted in Revenue Courts and Revenue Appellate Courts (collectively referred to as “Revenue Courts”), as well as the huge pendency in these courts, Rajasthan High Court suggested necessary proactive and corrective measures.The bench of Justice Anoop Kumar Dhand opined that the orders passed by Revenue Courts determine land ownership, tenancy rights, mutation, partition, declaration of khatedari rights, etc., immensely impacting not only their lives, but also lives of next generations of such litigants. Hence, living in the 21st century, poor functioning of the Revenue Courts cannot be allowed to proceed at a snail's pace, it said.“These (Revenue) Courts are presided over by the administrative officers rather than judicially trained Judges, who often function as the first point of access to justice for millions of rural citizens and rustic villagers residing in rural areas. However, their rights are hampered by procedural delays, due to inadequate legal knowledge among the officers posted in these Revenue Courts and lack of standardization," the bench lamented.It observed that several officers posted in Revenue Courts are not acquainted with the procedure contained under the Code of Civil Procedure as well as the Indian Evidence Act and that is why, procedural lapses occur when they conduct trial of the cases.Following steps were suggested by the Court to ensure effective administration of justice in the Revenue Courts: Development of Revenue Courts of Rajasthan as Fully Digital Institutions, and the judgments passed by these courts to the uploaded online. Need to create a Rajasthan Revenue Courts Data Grid or Virtual Justice Clock for display of real-time statistics on pendency of cases and promotion of timely and expeditious disposal of cases. Essential to provide structured training to the officers, posted in Revenue Courts to enhance overall effectiveness and fairness of judicial proceedings. Dedicated Administrative Judicial Academy to be set up at the state level for continuous professional development of officers posted in Revenue Courts. SOP to be formulated and implemented for Revenue Courts for ensuring expeditious disposal of cases. Uniform guidelines to be framed to promote consistency and transparency in judicial functioning. Mechanism required to be formulated to ensure time bound disposal of cases in Revenue Courts, and presence of an effective monitoring system over their functioning. A quota system required to be introduced mandating disposal of specified number of cases, particularly old targeted cases, on priority basis, and accordingly, same to be reflected in the Annual Confidential Reports of these officers. Like Civil Court, Revenue Courts should be directed to promote Alternate Disputes Resolution Mechanism to reduce burden of litigation and facilitate amicable settlement.An online portal to be introduced as “Revenue Cases Computerized Management System” (RCCMS) to effectively track the disposal and quantity of revenue judgments. Law journal related to Revenue procedural laws along with Legal handbooks and pocket guides of procedural laws to be provided to the field officers posted at Revenue Courts. Government should consider amending the relevant rules to introduce a procedure for conducting comprehensive examination for posting of officers in Revenue Courts to check and test their legal acumen. It was held that though historically Revenue Court system was administrative in character, it had to evolve to meet the demands of modern justice, and a shift towards a more judicialized, legally awarded and technologically integrated system was essential. The Court was hearing a challenge to the order of the Revenue Board. Revenue Board had set aside the decision of the Appellate Authority, and upheld the order of the SDO that had decreed a suit without providing opportunity of cross examination to the respondents. Underscoring the importance of the right to cross examination, and setting aside the order of the Revenue Board, the Court highlighted that the officials of Administrative Services and Revenue Departments were being appointed in Revenue Courts without being imparted any formal training in adjudicatory process, to discharge functioning as par with judicial officers. Such a situation resulted in procedural lapses as well as delays while conducting trials of the cases. In this light, the Court opined that it was high and right time for the Government of Rajasthan to take appropriate steps. Accordingly, the aforementioned suggestive steps were laid down, and the matter was listed for September 1, 2025.On Administrative Judicial AcademyThe Court noted that Revenue officials are assigned with important functions at par with a Judicial Officer, including deciding of revenue suits, passing of interlocutory orders and also hearing of first and second appeals and revisions arising out of the orders passed by the...

Revenue Courts Deciding Land Ownership, Tenancy Rights Without Any Judicial Training: Rajasthan High Court Calls For Structural Reforms

Nupur Agrawal

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