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2021 Supreme(Jhk) 876

IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
The State of Jharkhand – Petitioner
Versus
Smt. Aasha Devi – Respondent
Civil Review No. 02 of 2021
Decided On : 03-12-2021

Advocates Appeared:
For the Petitioner: Mr. Praveen Akhouri.
For the Respondents: Mr. Indrajit Sinha, Mr. Robin Kumar.

Headnote:

Indian Registration Act, 1908 - Section 72 - Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 - Section 15(1) – Review petition - Petitioner No. 2 vide order, refused to register the sale-deed executed by respondent Nos. 2 to 6 in favour of respondent No. 1 in respect of the land - Thereafter, respondent No. 2 preferred a writ petition before this Court which was disposed of vide order with a liberty to him to prefer an appeal under Section 72 of Indian Registration Act, 1908 – Held, It has consistently been held in the aforesaid judgments that a review petition cannot be allowed to be “an appeal in disguise.” The power of review may be exercised on discovery of new and important matter or evidence which, even after exercise of due diligence, was not within the knowledge of person seeking review or could not be produced by him at time when original order was made - It may also be exercised where some mistake or error apparent on the face of the record is found and on any such analogous ground - It has been held by this Court in the judgment passed that mere fact of said land having not been de-notified, cannot be a ground to refuse registration of the said land, particularly when then Deputy Commissioner, quashed order of the Additional Collector, passed in Land Ceiling Case holding that land which had been donated, also included the land of landlord as surplus - Court has further held that Court of Member, Board of Revenue, Jharkhand, Ranchi has not interfered with order passed by Deputy Commissioner and respondents have not stated in counter affidavit as to whether order of Member, Board of Revenue, Jharkhand, Ranchi has been challenged in any superior Court of law - Review petition dismissed.

JUDGMENT :

RAJESH SHANKAR, J.

1. The case is taken up through Video Conferencing.

2. The present civil review petition has been preferred for review of the order/judgment dated 26.11.2020 passed by this Court in W.P. (C) No. 2293 of 2019 whereby the said writ petition has been disposed of with a direction to the Sub-Registrar, Lohardaga (the petitioner No. 2) to register the sale-deed of the land in question presented by the respondents.

3. Learned counsel for the petitioners submits that the petitioner No. 2 vide order dated 10.05.2018, refused to register the sale-deed executed by the respondent Nos. 2 to 6 in favour of the respondent No. 1 in respect of the land appertaining to Khata No. 57, Plot No. 1042, corresponding to new Survey Khata No. 126, Plot No. 1236, Village-Harmu, P.S-Lohardaga, District-Lohardaga, measuring an area of 05 Decimals. Thereafter, the respondent No. 2 preferred a writ petition being W.P. (C) No. 4129 of 2018 before this Court which was disposed of vide order dated 28.08.2018 with a liberty to him to prefer an appeal under Section 72 of the Indian Registration Act, 1908. Thereafter, the respondent No. 1 the purchaser of the aforesaid land preferred an appeal before the Deputy Commissioner, Lohardaga being Misc. Appeal No. 04 of 2018-19 which was dismissed vide order dated 22.02.2019. The sole ground for dismissal of the said appeal was that the said land was acquired by the government for public purposes by way of Gazette Notification of Ranchi district dated 20.03.1993 issued in pursuance of the order dated 16.03.1993 passed by the Additional Collector, Lohardaga in Land Ceiling Case No. 47/1973-74 under the provision of Section 15(1) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 as the said land was found beyond the ceiling limit and was thus declared to be the surplus land. However, the order dated 16.03.1993 passed by the Additional Collector, Lohardaga in Land Ceiling Case No. 47/1973-74 was challenged by the landlord-Jagniwas Sharma in Land Ceiling Appeal No. 03/1999 before the Deputy Commissioner, Lohardaga, who allowed the said appeal and set aside the order of the Additional Collector, Lohardaga vide order dated 26.06.2008 holding inter-alia that the land which were donated to the family deity of the said landlord, were also included as surplus land. It was also observed by the Deputy Commissioner, Lohardaga that the landlord-appellant was entitled to get exemption from the land ceiling area of total three units including himself as his two sons were major on the appointed day to decide the land ceiling area in Land Ceiling Case No. 47/1973-74. Thereafter, the Deputy Commissioner, Lohardaga preferred Revision Case No. 29/2009 before the Member, Board of Revenue, Jharkhand against the order dated 26.06.2008 passed by his predecessor in Appeal No. 03/1999. In the meantime, the respondent No. 1 filed a writ petition being W.P. (C) No. 2293 of 2019 before this Court. During pendency of the said writ petition, the said revision filed before the Member, Board of Revenue, Jharkhand was dismissed as not maintainable vide order dated 11.09.2019 and thereafter the said writ petition was also disposed of vide order dated 26.11.2020 quashing the order dated 10.05.2018 passed by the Sub-Registrar, Lohardaga as well as the order dated 22.02.2019 passed by the Deputy Commissioner, Lohardaga with further direction to the Sub-Registrar, Lohardaga to register the sale-deed of the land in question presented by the respondents.

4. Learned counsel for the petitioners further submits that during pendency of the writ petition being W.P. (C) No. 2293 of 2019, the State of Jharkhand had filed the review petitions dated 05.03.2020 and 20.03.2020 through the Circle Officer, Bhandra and the Circle Officer, Lohardaga respectively for reviewing the order dated 26.06.2008 passed by the Deputy Commissioner, Lohardaga in Land Ceiling Appeal No. 03/1999. It is further submitted t

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