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2025 Supreme(Jhk) 1778

IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, J.
Pranami Estates Pvt. Ltd. - Appellant
Versus
The State of Jharkhand – Respondent
Civil Review No.22 of 2022
Decided on : 20-08-2025

Advocates Appeared:
For the Petitioner:Mr. Vimal Kirti Singh, Advocate Mr. Ujjal Choudhary, Advocate Mr. Raunak Sahay, Advocate, Mr. Srikant Sahay, Advocate, Mr. Vineet Kumar, Advocate
For the Respondent:Mr. D.K. Prasad, Advocate Mrs. Sunita Kumari, AC to Sr.SC-II

The scope of review is limited to correcting manifest errors on the record, and cannot be used to introduce new grounds or arguments that were available during initial adjudication.

Headnote:(A) Chotanagpur Tenancy Act, 1908 - Sections 46 and 72 - Writ petition for review regarding land transfer and restoration rights under tenancy law - Review petition dismissed as no error apparent on record; illegal transfer without Deputy Commissioner’s permission rendered the subsequent sale invalid - Concept of adverse possession also not legally relevant in review context. (Paras 21-50)

(B) Review Jurisdiction - Review of judgments is a limited procedure not meant to re-hear cases but to correct manifest errors apparent on the record; cannot introduce new grounds post-adjudication. (Paras 30-49)

Facts of the case:
The petitioner sought review of a previous order dismissing a writ petition which challenged the Deputy Commissioner's decision restoring land rights to original owners, based on the lack of legal transfer under the Chotanagpur Tenancy Act since permission was not obtained. The petitioner claimed that the land, transferred from one settled owner to another, was improperly restored.

Findings of Court:
The Court ruled that grounds for review were inadequate as the central legal issues had already been resolved in prior adjudications. The necessity for the Deputy Commissioner’s permission for transfers was emphasized.

Issues: The key question was whether the review petitioner, as a purchaser of the property, needed Deputy Commissioner’s permission and if the application of limitations in the case was valid.

Ratio Decidendi: The Court articulated that procedural adherence, especially concerning the legality of transfers without permissions as mandated by statute, is paramount; no entitlement to re-evaluate established findings merely based on new arguments or perspectives.

Result: Review petition dismissed.

Table of Content
1. factual background of the case. (Para 1 , 2)
2. arguments regarding the necessity of permission under c.n.t act. (Para 15 , 16 , 17 , 18 , 19)
3. court's reasoning on necessity of deputy commissioner's permission. (Para 22 , 36 , 38 , 39)
4. review principles and constructive res judicata. (Para 24 , 25 , 46 , 48)
5. final determination of the review petition. (Para 50 , 51)

Prayer:

SUJIT NARAYAN PRASAD, J.

1. The present review petition has been filed seeking review/modification of the order dated 16.12.2021 passed in W.P(C) No.3768 of 2013 by this Court whereby and whereunder the writ petition was dismissed declining to interfere with the order impugned dated 14.12.2011 passed by the Deputy Commissioner, Ranchi in S.A.R. Appeal No.07 of 2010.

Factual Matrix:

2. The brief facts of the case as per the pleadings made in the writ petition as also referred in the order sought to be reviewed needs to refer herein which reads as under:

(i) That one Jatru Oraon, son of recorded Raiyat Bodho Oraon alias Bocho Oraon, voluntarily surrendered 4.94 acres of land including the land under the present proceeding of Khata No. 102 under Khewat No.2, situated at Village Simalia, P.S. Ranchi, Thana No. 139, District Ranchi to the then landlord Kumar Brijendra Nath Shahdeo, son of late Thakur Mahendra Nath Shahdeo by virtue of a Registered Deed of Surrender being Deed No. 5684 dated 23.09.1954 and put the said landlord in possession since the said date of surrender and the land so surrendered became Bakast land of the then landlord. Thereafter, the said landlord settled 45.86 acres of land including the aforesaid land to one Shaildhari Lal (since deceased) by virtue of a registered perpetual lease deed being Deed No. 6739 dated 20.12.1954 and put the said Settlee in possession since the date of Settlement who got his name mutated in the Serista of the State of Bihar through the Circle Office, Kanke vide Mutation Case No. 400R27 of 1956-57 and has regularly paid rent to the State thereafter and the said Settlee, Shaildhari Lal constructed other structures including building and boundary wall over the land in question.

(ii) That the said Settlee, Shaildhari Lal remained in peaceful, continuous and uninterrupted possession of the land so long alive and after his death, his widow, Nilika Lal and his son, Sanjeev Tandon Lal inherited the property by succession and got their names mutated in the Serista of the State of Jharkhand through the Circle Office, Kanke Anchal, Ranchi vide Mutation Case No. 1925R27 of 2005-06. Out of the said property thus inherited, the said Nilika Lal and Sanjeev Tandon Lal sold 0.85 acres of land of R.S. Plot No. 1911 of Khata No. 139 under Khewat No. 2 to the petitioner company by virtue of a Registered Deed of Sale dated 07.09.2006 being Deed No. 13192 for a valuable consideration and put the petitioner company in possession of the same and the petitioner company is in possession of the same since the date of purchase and has constructed boundary wall and other substantial structures on the land.

(iii) That in the year 2007, the respondent nos. 5 to 8 herein filed a case being S.A.R. Case No. 317 of 2007-08 against the vendors of the petitioner company namely, Nilika Lal and Sanjeev Tandon Lal, widow and son respectively of the said Settlee, Shaildhari Lal claiming restoration of 0.94 Acres of land of R.S. Plot No. 1911 of Khata No. 102, situated at village Simalia, P.S. Ranchi (now Ratu), District-Ranchi. In the said proceeding, an ex-parte order was initially passed on 29.08.2008 by the Ld. Special Officer, Scheduled Areas Regulation, Ranchi against the opposite parties therein i.e., Nilika Lal and Sanjeev Tandon Lal, the vendors of the petitioner company for non-appearance in the aforesaid matter even after being served with notice to file their reply/objection.

(iv) That after learning about the said ex-parte order passed in S.A.R. Case No. 317 of 2007-08, the petitioner company filed an application under Order

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