Section 4 of BRJA : Section 4: Bar Of Certain Suits

Explanation using Example

Imagine a farmer, Mr. Sharma, who has inherited a piece of land in a village in Maharashtra that has been in his family for generations. This land is subject to revenue collection by the state government. One day, Mr. Sharma receives a notice from the government stating that the land revenue assessment for his property has been increased significantly due to a recent survey. Mr. Sharma believes this new assessment is unfair and would like to challenge it in court.

However, according to Section 4 of the Bombay Revenue Jurisdiction Act, 1876, Mr. Sharma cannot go directly to a civil court to object to the increase in land revenue assessment. The Act specifically restricts the jurisdiction of civil courts over matters related to the amount or incidence of land-revenue assessments authorized by the state government. Instead, Mr. Sharma must follow the administrative channels and procedures provided by the revenue department to contest the assessment.

If Mr. Sharma had an exemption or a specific limit on the assessment of his land, as mentioned in the provided illustrations to clause (h) of the Act, and he could prove this through an enactment, a written grant, or a judgment by a court of law, then he might be able to bring his case before a civil court. But in the absence of such specific exemptions, he must adhere to the administrative process for resolving his dispute over the land revenue assessment.