Law: Punjab Alienation of Land Act, 1900

Section: 4,21

Punjab Alienation of Land Act (XIII of 1900), Ss. 4 and 21--- Whether body of persons in district is or is not agricultural tribe is within jurisdiction of Government-Whether certain person is or is not agriculturist is within jurisdiction of Deputy Commissioner or Revenue Officer-Civil Court cannot interfere, provided order passed by Government or Revenue Officer is strictly in accordance with law Jurisdiction of Civil Court not barred if order in bad in law. The declaration as to what body of per: to be deemed agricultural tribes or groups of agricultural tribes can only be made by the Provincial Government and no Court has anything to do with it. Similarly, it is for the Deputy Commissioner to determine, weather such a question or doubt arises, whether a person is or is not to be deemed to be a member of an agricultural tribe. It is also clear that the Deputy Commissioner has plenary powers to declare a person a member or not of an agricultural tribe ; notwithstanding the fact that a different order had been made on a previous occasion or there was a decree of a Civil Court, holding that person a member of a tribe notified as agricultural tribe. These matters are exclusively the concern of the Deputy Commissioner or any other Revenue Officer referred to in the Act. The Civil Courts as such cannot interfere. The jurisdiction of the Civil Court is barred only where the act of the Revenue Officer or the Local Government falls strictly within the four corners of the statute. Where something is done in excess of the powers conferred by the statute, the Civil Court shall have a right to interfere. Similarly, where a question arises whether there has been a strict compliance with the requirements of the statute, the Civil Court shall have a right to enquire into it. It would be too much to say and would verge upon absurdity to allege that the Legislature intended that even the whims and caprices of the Revenue Officer should be beyond question by the Civil Court. (1878) 3A. C. 614, A. I. R. 1940 P. C. 105 and A. I. R. 1948 P. C. 33 ref. to. JUDGMENT MUHAMMAD SHARIF, J.-This is an appeal by the plaintiff against the judgment and decree of the learned Senior…

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