Types of Cases
in Rajasthan Revenue Law
A guide to the most common legal disputes, applications, and suits handled under the jurisdiction of state revenue officers.
Types of cases are as follows
Below is the structured list-wise classification of major revenue cases, applications, and judicial proceedings handled under Rajasthan revenue laws:
- Mutation upon succession, transfer, sale, gift or exchange (Namantaran)
- Partition and division of joint agricultural holdings (Bantwara - Sec 53)
- Eviction of trespassers from government land and pasture holdings (Charagah Kabza - Sec 91)
- Declaration of Khatedari rights and tenancy status (Sec 88 Suit)
- Conversion of agricultural land for non-agricultural use (Sec 90-A)
- Rights of way, field passage and easement disputes (Rasta Nikaas - Sec 251 & 251-A)
- Suit for permanent injunction protecting tenant possession against trespass (Sec 188)
- Settlement and demarcation of agricultural field boundaries (Seema Vivad / Aks Shajra)
- Correction of entries in Jamabandi and Annual Record of Rights (Sec 136)
- Determination and assessment of land revenue, rent liabilities and DLC valuations
- Allotment and regularisation of government wasteland for agricultural purposes
- Inquiry into and supervision of Mandir Maafi and Devasthan temple land grants
- Disputes respecting cattle grazing rights on pasture lands (Gochar)
- First and second statutory appeals before Revenue Appellate Authority (RAA) and RAC
- Revisional and reference petitions before Board of Revenue Ajmer (BOR)
Detailed Case Categories & Practice Guides
Mutation & Record Corrections (Namantaran)
Disputes relating to inheritance (Fauti), sale transfers, or gift deeds where the Patwari records or mutation entries are challenged or delayed.
Partition of Agricultural Holdings (Bantwara)
Suits filed by co-sharers (joint khatedars) to split their agricultural holdings into specific demarcated shares with independent land maps.
Eviction of Encroachments (Kabza / Trespass)
Proceedings initiated by the state or landowners against unauthorized trespassers occupying public/private agricultural pasture land (Charagah).
Land Conversion Cases (Section 90-A)
Applications or regularisation cases regarding changing agricultural land use for residential development, commercial layouts, or industrial units.
Right of Way & Easements (Rasta Nikaas)
Suits filed before the Tehsildar to seek a new pathway, widen existing pathways, or clear blockages in paths leading to agricultural fields.
Declaration of Tenancy Rights (Khatedari Suit)
Suits seeking declaration that a tenant has acquired permanent, inheritable, and transferable Khatedari rights over specific revenue lands.
The First Schedule (Rajasthan Land Revenue Act, 1956)
Under the Rajasthan Land Revenue Act, 1956, judicial matters are categorized separately to determine the correct jurisdiction and escalation. Section 23 of the Rajasthan Land Revenue Act, 1956 governs the list of these judicial proceedings, reproduced below:
The Board may, with the previous sanction of the State Government, make rules declaring what matters shall be deemed to be judicial matters and what matters shall be deemed to be non-judicial matters under this Act. The list of such judicial matters is detailed under the First Schedule of the Act.
The First Schedule (See Section 23) — List of Judicial Matters (Straight Line Manner 1-15)
- Claims under sub-section (2) of section 88.
- Disputes with respect to the right of grazing cattle on pasturage land.
- Disputes as to the right of user over forest growth and exclusion from forest land.
- Settlement of boundary disputes.
- Disputes as to entries in the record of rights and annual registers.
- Disputes respecting the class or tenure of tenants.
- Mutation upon succession, transfer or otherwise.
- Disputes regarding the rent or revenue payable.
- Disputes concerning Waj-ul-arz or Dastoor Ganwai.
- Inquiry into and assessment of lands held free of revenue or rent.
- Partition and consolidation of estates.
- Imposition of fines, penalties, forfeitures and confiscations under this Act.
- Determination of compensation.
- Sales and auctions under this Act.
- Such other matters as may be prescribed by the State Government.
Third Schedule — Suits, Applications and Appeals
third schedule is given in the end of the Rajasthan tenancy act 1955 and it provides a detailed jurisdiction and powers of the revenue courts and the cases and appeals dealt by the revenue officers/courts
| S.No. | Section | Description of Suit / Application / Appeal | Limitation | Limitation Start | Court Fee | Competent Court |
|---|---|---|---|---|---|---|
| 1 | Section 32 | Suit for obtaining lease or counterpart | None | None | One Rupee | Assistant Collector |
| 3 | Section 53 | Suit for division of holding | None | None | As in Court Fees Act | Assistant Collector |
| 4 | Section 58 | Suit to have a notice of surrender declared invalid | None | None | As in Court Fees Act | Assistant Collector |
| 5 | Section 88 | Suit for declaration of the plaintiffs rights: (i) as a tenant, or (ii) as tenant of Khudkasht, or (iii) as a sub-tenant, or (iv) for a share in a joint tenancy | None | None | As in Court Fees Act | Assistant Collector |
| 6 | Section 89 | Suit for declaration of: (i) class of tenancy, (ii) area or boundaries of holding, (iii) rent payable in respect thereof and manner of its payment, (iv) the date of instalments, (v) the time, place and manner of appraisement, division or delivery, (vi) the term of tenancy, (vii) other special conditions | None | None | As in Court Fees Act | Assistant Collector |
| 7 | Section 90 | Suit for declaration of land as Khudhasht | None | None | As in Court Fees Act | Assistant Collector |
| 8 | Section 91 | Suit for declaration of any other right | None | None | As in Court Fees Act | Assistant Collector |
| 8-A | Section 92 | Suit for injunction | Three years | When the cause of action arises | As in Court Fees Act | Assistant Collector |
| 9 | Section 109 | Suit for declaration, commutation, abatement of enhancement of rent | As in Section 109 | As in Section 109 | As in Court Fees Act | Assistant Collector |
| 10 | Section 115 | Suit for fixation of rent | None | None | As in Court Fees Act | Assistant Collector |
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