Back
M. M. SUNDRESH, N. KOTISWAR SINGH
State of West Bengal – Appellant
Versus
Jai Hind Pvt. Ltd. – Respondent
JUDGMENT :
NONGMEIKAPAM KOTISWAR SINGH, J.
THE CHALLENGE
1. The present Civil Appeal has been preferred by the State of West Bengal and Others (hereinafter referred to as “the appellants”), being aggrieved by the impugned judgment and order dated 17.05.2012, passed in WPLRT No. 43 of 2010 by a Division Bench of the High Court of Judicature at Calcutta. The High Court, by the impugned judgment, allowed the writ petition preferred by Jai Hind Private Limited, the respondent-company herein, and set aside the judgment and order dated 31.03.2010 passed by the West Bengal Land Reforms and Tenancy Tribunal (“the Tribunal” for short), thereby allowing the respondent-company to retain 211.21 acres of land.
2. By the said judgment, the High Court also upheld the review order dated 07.05.2008 passed by the Block Land and Land Reforms Officer (hereinafter referred to as “B.L. & L.R.O.”), Bharatpur-II, Murshidabad, West Bengal, as well as the Government Order dated 26.02.2008 issued by the Principal Secretary, Land and Land Reforms Department, Government of West Bengal. Consequently, the High Court directed the concerned authorities, including the Revenue Officer to accept land revenue and cess f
The Revenue Officer of the State lacks the statutory authority to review vested land orders under the West Bengal Estates Acquisition Act without explicit legislative provision, affirming separation ....
The SDL & LRO retains jurisdiction under specific sections to adjudicate land retention, while previous unchallenged orders attain finality, limiting reopening unless jurisdictional flaws are proven.
The State Government does not have the power to review its own orders unless such power is specifically conferred by statute. The State Government cannot exercise its power of review after a long del....
Review jurisdiction cannot be exercised to rehear a case or correct an erroneous decision without evidence of an error apparent on the face of the record.
The revisional authority can exercise powers to rectify injustices despite delays, particularly in cases of documented fraud and jurisdictional excesses under the Orissa Estate Abolition Act.
Review Petition – Jurisdiction of High Court while exercising review cannot be exercised as an inherit power nor as Appellate Court be exercised in guise of power of review – Power of review may be e....
The issuance of rent receipts does not confer legal title to land, and compensation directives cannot stand in the absence of established title under land acquisition laws.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
