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2025 Supreme(Cal) 231

IN THE HIGH COURT AT CALCUTTA
ARIJIT BANERJEE, APURBA SINHA RAY
State of West Bengal – Appellant
Versus
Rameswar Pramanik – Respondent


Advocates Appeared:
For the Appellants : Kishore Dutta, Susovan Sengupta, Subir Pal
For the Respondents: Saptangshu Basu, Dhiraj Trivedi, Subhabrata Das, Arindam Banerjee

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The Court affirmed that unpleaded facts cannot be used to invalidate judgments, emphasizing the importance of procedural integrity in legal proceedings. [judgement_subject]

  2. The review application was primarily based on an alleged factual error regarding the status of proceedings under Section 14T of the West Bengal Land Reforms Act, 1955. Specifically, the original judgment incorrectly assumed that the proceedings were still pending, whereas they had actually been completed prior to the appeal. (!) (!)

  3. The Court noted that the fact of disposal of the proceedings under Section 14T was not pleaded or argued during the hearing of the appeal, and thus, the Court did not consider it in its judgment. This omission meant that the Court's earlier observations were based on the factual matrix presented at the time. (!) (!)

  4. The Court clarified that errors not pleaded or argued cannot be classified as errors apparent on the face of the record, and such omissions do not constitute grounds for review. The judgment was based on the facts as pleaded and argued, and the failure to include the subsequent disposal of proceedings was not an error that could be rectified through review. (!) (!)

  5. The Court reiterated that the absence of any material indicating that the proceedings under Section 14T had been disposed of prior to the appeal's filing supported the conclusion that no error was committed in the original judgment. The Court also emphasized that the original decision was made considering the factual situation as presented during the appeal. (!) (!)

  6. Ultimately, the Court dismissed the review application, finding no error apparent on the record that would warrant its reconsideration. The judgment under review was upheld, and there was no order as to costs. (!)

  7. The Court underscored that a review cannot be used as a substitute for an appeal and that procedural delays or the non-pleading of facts do not constitute grounds for review unless they reveal an error apparent on the face of the record. (!) (!) (!)

  8. The decision highlighted the importance of timely and complete pleadings and the reliance of courts on the factual matrix as pleaded and argued by the parties at the time of hearing. (!) (!)

These points collectively reflect the Court's reasoning and final decision regarding the review application, emphasizing procedural discipline and the significance of pleaded facts in judicial proceedings.


JUDGMENT :

APURBA SINHA RAY, J.

1. The judgment dated 18.04.2024 passed in MAT 1095 of 2019 is under review in the instant review application. Learned Advocate General has drawn our attention to paragraph no. 23.1 of the judgment which is quoted herein below:-

“23.1. After going through the above judgment of the Learned Single Judge it appears that basically the Learned Single Judge has directed that demarcation of 3.13 acres of land as discussed in the said judgment should be done subject to the proceedings undertaken under Section 14(T) of the Act, 1955 which has been pending for a long time. By keeping the same pending, the State, in fact, has protracted and delayed the logical conclusion of the instant matter. One must keep in mind that under the Act of 1955, vesting takes place only after the Revenue Officer determines the extent of excess land that is to vest in the State under Section 14S of the Act and then takes possession of such lands. This determination takes place in a proceeding under Section 14T(3) of the Act. That proceeding is still pending as regards the lands involved in the present case.

A private party cannot wait for an indefinite period to get his property or due

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