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2026 Supreme(Online)(Chh) 12010

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Amitendra Kishore Prasad, J
Shivkumar Markam – Appellant
Versus
State Of Chhattisgarh – Respondent
REVP No. 20 of 2026



Advocates:
For the Appellants/Petitioners: Awadh Tripathi
For the Respondents: D. R. Minj, Rajesh Kumar Kesharwani

Review jurisdiction under the Code of Civil Procedure is limited to errors apparent on the face of the record or discovery of new evidence. It cannot be used as an appeal in disguise to re-argue merits or re-appreciate evidence already adjudicated by competent authorities.

Headnote:(A) Code of Civil Procedure, 1908 - Order XLVII Rule 1 - Review Jurisdiction - Scope and Ambit - Review is not an appeal in disguise - Review cannot be invoked for re-hearing or re-arguing matters on merits - It is confined to errors apparent on face of record, discovery of new and important evidence, or any other sufficient reason - Power of review is not intended to be a second inning for re-agitation of issues already decided. (Paras 6, 7, 15)

(B) Principles of Natural Justice - Opportunity of hearing - Where a court order merely directs competent authorities to proceed in accordance with law, failure to implead a party does not constitute an error apparent on face of record warranting review, as substantive rights are not adjudicated in such directions. (Para 9)

Facts of the case:
The review petitioners sought to challenge an order disposing of a writ petition, which directed revenue authorities to initiate proceedings regarding the possession and eviction of occupants from disputed land. The petitioners alleged they were original occupants in settled possession for several decades and argued that the lack of impleadment in the prior writ proceedings violated principles of natural justice, contending that the underlying eviction proceedings were invalid due to procedural irregularities and improper enactment of summary revenue provisions.

Findings of Court:
The court ruled that the previous order merely directed the authorities to act according to law and did not adjudicate the inter se substantive rights of the parties. Therefore, the mere absence of the petitioners in the prior writ proceedings did not warrant the exercise of review jurisdiction.

Issues: Whether the order sought to be reviewed suffered from an error apparent on the face of the record due to the non-impleadment of the petitioners, and whether the review petition could be used to re-examine the findings of subordinate revenue authorities regarding eviction.

Ratio Decidendi: Review jurisdiction is strictly confined to patent errors appearing on the face of the record or the discovery of new evidence. Re-appreciating evidence or re-arguing the merits of a case is impermissible in review. Since the previous order was a direction simpliciter to follow due process, there was no error justifying interference.

Result: Review Petition dismissed.

Table of Content
1. factual background involving alleged unlawful dispossession and procedural history. (Para 1 , 2)
2. petitioners' arguments regarding lack of natural justice and jurisdictional challenge to section 250 clrc. (Para 3 , 4)
3. respondents' arguments regarding the limited scope of review jurisdiction and maintainability of the petition. (Para 5)
4. the scope of review under cpc is limited to apparent errors and cannot act as an appeal. (Para 6 , 7 , 8 , 9 , 10 , 11)
5. review is disallowed if grounds merely re-argue merits or if no patent error is demonstrated. (Para 12 , 13 , 14 , 15 , 16)
6. the review petition is dismissed for failure to meet the requirements of order xlvii rule 1 cpc. (Para 17)

1. The present Review Petition under Section 114 read with Order XLVII Rule 1 of the Code of Civil Procedure, 1908, has been preferred by the Petitioners being aggrieved by and dissatisfied with the order dated 06.05.2025 passed by this Court in Writ Petition (Civil) No. 2266 of 2025, whereby the Petitioners, though directly affected and necessary parties to the lis, were neither impleaded in the proceedings nor afforded any opportunity of hearing. It is respectfully submitted that the said order has resulted in grave prejudice to the Petitioners, as it has led to initiation of coercive proceedings for demolition of their residential house constructed over the disputed land, pursuant to action proposed under Section 250 of the Chhattisgarh Land Revenue Code at the instance of Respondent No. 6. The Petitioners, being lawful owners and possessors of the subject property, are thus constrained to invoke the review jurisdiction of this Court to prevent miscarriage of justice and to secure an opportunity of being heard.

2. Facts of the case, in a nutshell, are that the Petitioners, who have been in continuous, uninterrupted, and peaceful possession of a portion of land bearing Khasra No. 277, admeasuring 286 square feet, situated at Village Paragaon, P.H. No. 45, RIC Nawapara, Tehsil Abhanpur (now Gobra Nawapara), District Raipur (Chhattisgarh), for the last 30–40 years. The said land was lawfully allotted to Petitioner No. 1 by way of a lease/Patta dated 09.09.1998 for a period of 30 years, which remains valid up to 09.09.2028. In further recognition of such lawful possession, financial assistance was granted under the Indira Awas Yojana during the year 1999–2000 to the father of Petitioner No. 2, Late Dharmu Nagarchi, for construction of a residential house over the said land. Pursuant thereto, a dwelling house was constructed and the Petitioners have since been residing therein. The Petitioners have also been regularly paying property tax, thereby reinforcing their lawful and settled possession. After an inordinate delay, Respondent No. 6, in the year 2011, initiated proceedings under Section 250 of the Chhattisgarh Land Revenue Code before the learned Naib Tehsildar, seeking dispossession of the Petitioners on the basis of a purported demarcation report dated 04.05.2011. It is submitted that the alleged demarcation was conducted on 22.04.2011 without issuance of any notice to the Petitioners and behind their back, in clear violation of principles of natural justice. Upon due consideration, the learned Naib Tehsildar, vide order dated 12.06.2019, was pleased to dismiss the application filed by Respondent No. 6 and declared the said demarcation report to be invalid. Being aggrieved by the aforesaid order, Respondent No. 6 preferred an appeal before the Sub-Divisional Magistrate, Abhanpur. The learned Sub-Divisional Magistrate, vide order dated 12.02.2020 passed in R.P.C. No. 121/A-70/2018-19, allowed the appeal and directed eviction of the Petitioners and restoration of possession in favour of Respondent No. 6, without proper appreciation of the material on record, including the Petitioners’ long-standing possession and the illegality of the demarcation proceedings. The Petitioners thereafter preferred an appeal before the C

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