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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR
State of Jharkhand through the Chief Secretary, Government of Jharkhand, Ranchi – Appellant
Versus
Kutchery Market Dukandar Sangh, Ranchi through its President Vijay Kumar Sahu – Respondent
| Table of Content |
|---|
| 1. review petition initiated regarding rehabilitation order (Para 1 , 2) |
| 2. details surrounding the rehabilitation plan and government's position (Para 3 , 5 , 6 , 21) |
| 3. claims made regarding eviction and rehabilitation (Para 4 , 8 , 18 , 19) |
| 4. court's interpretation of review petition powers (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 5. assessment of errors or important facts in review petition (Para 16 , 17) |
| 6. court's obligation to communicate rehabilitation options (Para 22 , 23) |
| 7. final dismissal of the review petition (Para 24 , 25) |
JUDGMENT :
1. The present Civil Review has been preferred for reviewing the order dated 18.11.2019 passed by this Court in W.P.(C) No. 1091 of 2014 whereby the Deputy Commissioner, Ranchi and the Municipal Commissioner, Ranchi Municipal Corporation, Ranchi were directed to take up the matter of rehabilitation of the members of the respondent no. 1 as a special case and to make all possible endeavour to rehabilitate them at some suitable place, subject to strict scrutiny of their identity as the displaced persons of Kutchery Market.
2. Learned counsel for the review petitioners submits that respondent no. 1 filed writ petition being W.P.(C) N
A review petition cannot be used as a means to challenge the merits of a previous decision, and the court found no apparent error warranting review of its order to rehabilitate displaced persons.
Government cannot be compelled to fulfill representations contrary to law regarding rehabilitation of displaced persons.
Rent control – Review proceedings are not by way of an appeal and have to be strictly confined to the scope and ambit of Order XLVII Rule 1 of Code of Civil Procedure. In review jurisdiction, mere di....
Inherent power to review exists when decisions are made without jurisdiction, allowing for restoration of appeal to avoid injustice.
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 court established that review petitions cannot be based on subsequent judgments or changes in law, and must strictly adhere to the grounds specified under Order 47 Rule 1 CPC, emphasizing the lim....
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....
Point of Law : Practice and Procedure - Review/modification and/or setting aside of order - Orders of transfer and posting - It is well settled that scope of review of an order is very limited and it....
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