41: Relief for wrongful dispossession or ejectment

(1) A tenant who has been ejected or dispossessed in an unauthorised manner may apply/complain in writing to the Revenue Officer with powers of an Assistant Collector of 1 Grade. (2) On receipt of an application under sub section (1) above, the Revenue Officer shall hear the complaint and also afford the defendant an opportunity of being heard; and after making such other enquiries as he may deem fit, shall pass an order. (3) If the Assistant Collector of the 1 Grade or the Revenue Officer decides the case in favour of the tenant, he shall ensure that the tenancy is restored to him within 30 days of the date of order, but if an appeal or revision is preferred against that order, the Collector of the District shall ensure that it is restored within 30 days of the order of the appellate/ revisional court. (4) In addition to restoration of tenancy, the Revenue Officer deciding the case or the appellate or the revisional court may order that the landlord shall pay to the tenant such compensation as he or it, as the case may be, may deem fit for the hardship caused to the tenant due to the unlawful ejectment and any damage done to the crops or lands involved in the tenancy during the period the tenant remained so ejected. This compensation shall be recovered from the landlord as arrears of land revenue. The landlord shall not be entitled to any compensation whatsoever even if he has been made any improvements on the land during the period of ejectment in question and shall not be entitled to remove anything from the land after the date for first order against him. (5) If the case is decided by the Assistant Collector of the 1 Grade, appeal shall lie to the Collector of the District and should be preferred within 15 days of the passing of the order by the Assistant Collector of the 1 Grade. (6) The [Commissioner] may, at any time, on his own action, or on an application made to him by the tenant within 15 days of passing of any order by the Assistant Collector of 1 Grade or Collector of the District, as the case may be, call for the record of any case pending before, or disposed of by, any of the above two Revenue Officers, and pass such order as he thinks fit: Provided that no order shall be passed by the [Commissioner] is revising or modifying any proceedings or order of a subordinate Revenue Officer affecting any person without giving such person an opportunity of being heard.

Effective date: 1978-12-27

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