(1) Before taking possession of any land in a janmam estate in cases falling under the proviso to clause (d) of section 3, the Tahsildar shall examine whether any person or janmi bolding the land is prima facie entitled to ryotwari patta in respect of that land or not;
(2) If the Tahsildar considers that the occupant of a land on the appointed day is, prima facie entitled to ryotwari patta in respect of that land, he shall, tentatively, allow such occupation to continue, subject to the payment of assessment on the extent occupied, payable prior to ryotwari settlement and subject to the condition that the payment of such assessment shall not confer any right of occupancy.
Explanation.—For the purpose of this rule occupation for part of a fasli year shall be deemed to be occupation for the whole of a fasli year.
3. (a) If the Tahsildar considers that the occupant of a land on the appointed day is, prima facie not entitled to ryotwari patta in respect of that land and that the occupation is objectionable, he shall cause a notice in Form No- 1 to be served on him calling upon him to show cause why he should not he dispossessed of the land.
(b) The Tahsildar shall examine the representations if any made on the date fixed for the enquiry and, after such further enquiry as he may consider, necessary, shall pass order, either - bolding that the occupant prima facie ig entitled or is not entitled to ryotwari patta, in respect, of the land. If the Tahsildar considers that the occupant is prima facie not entitled to ryotwari patta and that the occupation is objectionable, he shall cause a notice in Form No. 2 to be served on the occupant-
(b) On the expiry of the time allowed for filing an appeal or revision petition or, if an appeal or revision petition has been filed, after the disposal of such appeal or revision petition, and if the decision in the appeal, or revision is that the occupant is prima facie not entitled to ryotwari patta in respect of the land, an officer not. lower in rank than a Revenue Inspector duly authorised in this behalf, may formally enter upon the d in question and take possession of it and record a certificate of th« village officers and of atleast an occupant of the village in which the janmam estate is situated that the land has been taken possession of by the Government.
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4. If the decision is that the occupant of a land on the appointed day is prima facie not entitled to ryotwari patla in- respect of that land hut that the occupation is not objectionable, the occupation may be allowed subject to the payment by4, the occupant of the assessment on the land payable prior to ryotwari settlement, until the ryotwari settlement of the land i» effected under section 20 or until the land is required by the Government for any purpose, whichever is earlier. The payment of such assessment shall not confer on the occupant any occupancy right. Every decision of the Tahsildar in this regard shall be communicated to the occupant concerned in Form No. 3.
5. Period within which appeal against the order under the proviso to section 3 (d) can he filed.
(1) Every appeal against an order under the proviso to clause (d) of section 3, for deciding the question whether a tenant or a janmi or a cultivator is prima facie entitled to a ryotwari patta in respect of a land or not, shall be referred to the Revenue Divisional Officer of the division within thirty days from the date of such order or within such further time as the Revenue Divisional Officer may, in his discretion, allow:
Provided that an orderpassedin appeal by the Revenue Divisional Officer shall be subject torevision by theDistrict Collector and any order passed irevision by the District Collector shall be subject, to a further revision by the Board 'of Revenue-:
Provided further that any such order passed in revision by the Commissioner.
Land Administration shall be subject to a further revision by the Government either suo motu or on application.
(1) A revision petition under sub-rule <lj above shall be preferred within 30 days from the date of communication of such order or within such further time as the authority may m its discretion, allow.
4. Revision Petition to the Settlement Officer—.Any person aggrieved by any of the orders, acts or proceedings of the Assistant Settlement Officer or the Officer who is exercising the powers delegated by the Settlement Officer in writing other than those in respect of which an appeal lies to the Tribunal, may prefer a revision petition to the Settlement Officer within th’rty days from the date of service of the order or proceedings sought to be revised.