State · Maharashtra

Section 16 of The Bombay Revenue Jurisdiction Act, 1876

Privileges of 1[Government] 2*** in suits in which it is concerned.--Whenever any suit is brought in any District Court 3[against the 1[Government]] 2*** or against any Revenue officer, 4[and the 1[Government] 2*** undertakes] the defence thereof, it shall be lawful 5[for the 6[State] Government], by certificate signed by a Secretary thereto, to require--

(a)that such suit shall be tried by the District Judge himself, and shall not be transferred for trial to an Assistant Judge; and
(b)that the trial of any such suit shall have precedence over the trial of any other suit or other civil proceeding then pending in such Court; and the Court shall give effect to every such requirement. The privilege conferred 7[on Government] by the clause (b) of this section shall, mutatis mutandis, apply to any appeal or special appeal against any decree in any such suit as is described in this section.

Summary

This section applies when a lawsuit is brought in a District Court against the Government or against a Revenue officer whose defense is undertaken by the Government.
In such lawsuits, the State Government can issue a certificate signed by a Secretary to the Government to demand certain privileges.
First, the State Government can require that the lawsuit be tried by the District Judge themselves, rather than being transferred to an Assistant Judge.
Second, the State Government can require that the trial of the lawsuit take precedence (be heard before) over any other pending lawsuits or civil proceedings in that Court.
The Court must obey and give effect to these requirements.
The privilege of having the case heard first (precedence) also applies to any appeal or special appeal against a decree in such a lawsuit.

Practical examples

1In May 1983, a landowner named Devendra sued a local revenue officer, Mr. Kulkarni, in the District Court over a land survey dispute. Since the Government took over the defense, a Secretary to the State Government signed a certificate requiring that the District Judge, Judge Ranade, must hear the trial personally, instead of handing it down to Assistant Judge Patil.

2In December 1987, the Government was sued by a merchant named Savita over tax claims in Pune District Court. The State Government filed a certificate signed by its Secretary demanding that this case be heard before all other civil cases pending in the court, and this priority was later maintained when Savita filed an appeal against the court's decree.

FAQ

1. Where must a suit be brought for the Government to claim the privileges under Section 16?

The suit must be brought in a District Court.

2. What triggers these privileges for a Revenue officer who is sued?

The privileges apply if the Government undertakes the defense of the Revenue officer.

3. How does the State Government formally request these privileges from the Court?

The State Government must issue a certificate signed by a Secretary to the State Government.

4. What are the two specific requirements the State Government can make under Section 16?

It can require that the District Judge personally tries the suit instead of an Assistant Judge, and that the trial has precedence over all other pending suits or civil proceedings.

5. Do these priority privileges apply to appeals as well?

Yes, the privilege of precedence (priority) applies to appeals or special appeals against any decree in such a suit.

Test yourself

Q1.Who must sign the certificate to require the privileges under Section 16?

Q2.Where must the suit be brought for Section 16 to apply?

Q3.Under Section 16, who is barred from trying the suit if the State Government requires the District Judge to try it?

Q4.What privilege under clause (b) of Section 16 applies to appeals and special appeals?

Q5.What must the District Court do when the State Government submits a valid certificate under Section 16?

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