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2025 Supreme(Cal) 830

IN THE HIGH COURT AT CALCUTTA
RAVI KRISHAN KAPUR, ARINDAM MUKHERJEE, JJ.
Manisha Giri and Another – Appellants
Versus
The State of West Bengal and Others – Respondents
RVW No. 283 of 2019, CAN No. 2 of 2019 (Old CAN No. 12040 of 2019), FMA No. 874 of 2017
Decided On : 04-09-2025

Advocates Appeared:
For the Appellants : Surajit Nath Mitra, Varun Kedia, Avee Jaiswal, Priyanka Prasad
For the Respondents: Swapan Banerjee, Tarak Karan

Review jurisdiction is strictly limited, focusing on evident errors in prior judgments, and cannot retry matters already resolved or pursue arguments previously rejected.

Headnote:(A) Code of Civil Procedure, 1908 - Order XLVII Rule 1 - Review of judgment - Review applicant seeks review of the dismissal of a previous intra-Court appeal concerning land allotment cancellation - Initial allotment made in 1971, subsequent construction mandates failure - Extension requests ignored by review applicant - Nature of review limited; error not apparent, parties exhausted remedies - Allegations of procedural unfairness considered without merit - No manifest error found thus review denied. (Paras 11-13, 18-24)

(B) Review Jurisdiction - Scope and limitations - Jurisdiction of review is limited and cannot substitute the appellate court - Cannot reopen issues already adjudicated unless manifest error found - Discrimination claims and extension requests without supportive evidence not sufficient grounds for review. (Paras 14-20)

Facts of the case:
The review applicant sought a review after the court dismissed her appeal regarding the cancellation of land allotment due to failure to complete construction as per lease conditions, despite previous extensions provided. The applicant cited procedural lapses and claimed discrimination in being held to comply.

Findings of Court:
The court found that the dismissal was justified based on the review jurisdiction's limitations and the lack of merit in the review applicant's claims regarding procedural fairness, construction compliance, and allegations of discrimination. No new evidence was introduced that necessitated a review.

Issues: The main issues included the validity of the resumption of land allotment following the previous lease conditions, the alleged procedural unfairness, and whether there was any ground for allowing the review given the circumstances outlined by the applicant.

Ratio Decidendi: The court reaffirmed that the review process is not an appeal, and reiterated that issues already decided cannot be reopened absent a glaring omission or error in the prior judgment. The court emphasized that the applicant failed to provide adequate grounds for the review.

Result: Review application dismissed.

Table of Content
1. background of land allotment and disputes (Para 1 , 2 , 3 , 4 , 5 , 6)
2. contentions of review applicant regarding unfair treatment (Para 7 , 8)
3. arguments against the maintainability of review application by respondents (Para 9 , 10)
4. legal standards and principles for review applications (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20)
5. court's reasoning on raised issues and relevance of previous rulings (Para 21 , 22)
6. final observations and decision on review application (Para 23 , 24 , 25)
7. dismissal of the review application and related orders (Para 26 , 27 , 28)

JUDGMENT :

ARINDAM MUKHERJEE, J.

1. The review applicant seeks review of a judgment dated 13th December, 2013 dismissing an intra-Court appeal arising out of an order dated 20th March, 2017 passed by a Learned Single Judge in WP No 1336(W) of 2017. The writ petition was filed challenging an order of cancellation of an allotment of land at Salt Lake.

2. The subject matter of dispute pertains to a plot of land being Plot No. 357 in Block AE, Salt Lake, measuring 4.4002 cottahs. Originally, the said plot was allotted to one Biva Rani Dassi (Debi) (since deceased) through the Deputy Secretary Government of West Bengal, Irrigation and Waterways Department sometime in or about the year 1971. Subsequently, a lease was executed in her favour on 3rd May 1974 on the condition that a residential building would be constructed on the given plot as per the sanction plan within a time frame provided thereunder. Pursuant to the above, a plan was also sanctioned by the Biddhannagar Municipal Corporation for construction of a three storied building on an application by the lessee. The said Biva Rani Dassi started the construction as per sanctioned plan but failed to complete the same. A show cause notice under clause 2(6)(a) of the lease dated 9th December, 1991 was also served upon her seeking an explanation for her long inaction and why such plot should not be resumed by the State authorities on her failure to build the house. Pursuant to the above, at the request of the said Biva Rani Dassi, an extension for a year was initially granted to complete such construction vide Memo No. 2146 dated 18th June, 1996.

3. In April 2001, Biva Rani Dassi applied for a 100% share transfer of the subject plot of land to her sole heiress, the review applicant. In view of the above, the Administrator, Biddhannnagar caused an enquiry and found that construction had been made upto the plinth level inclusive of a mezzanine garage floor roof casting.

4. In 2013, upon the death of Biva Rani Dassi, the review applicant applied for mutation of the plot in her name. Another show cause notice was issued on 3rd July, 2014 for violation of clause 2(6)(a) of the lease and seeking explanation as to why such plot should not be resumed by the government. By a reply dated 23rd July, 2014 the review applicant prayed to the Land Manager for issuance of mutation in her favour assuring that the necessary residential constructions shall be completed within a year. Upon considering such prayer the respondent authority by a Memo dated 10th April, 2015, approved the mutation conditionally by granting the review applicant a period of six months from the date of issuance of the mutation order to complete construction of the residential building.

5. The review applicant, thereafter made an application to the respondent authority on 29th June 2016 for approval of a gift of the said land to her son, the review applicant no. 2, following which the respondent authority sought for the last mutation order and the building clearance certificate in order to approve the same. Although the review applicant no. 1 provided the mutation order, however failed to produce the building clearance certificate. Upon later departmental enquiries being made it was found that the review applicant failed to abide by the terms of the lease deed and the Memo dated 10th April, 2015 and that no further construction was made o

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