HIGH COURT OF JHARKHAND
SUDARSHAN PRASAD SAH – Appellant
Versus
THE STATE OF JHARKHAND – Respondent
C.Rev. 11 / 2024
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( 2026:JHHC:14395-DB )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Civil Review No. 11 of 2024
1. Sudarshan Prasad Sah, age about 74 years, son of Late Jagarnath Sah;
2. Prashant Kumar Rajesh, age about 69 years, son of Late Jagarnath Sah;
3. Rajendra Kumar age about 66 yrs. son of Late Jagarnath Sah; All residents
of village Aguiyabandh No. 71, S.C. P.O. Kharbani Pargadih, P.S.- Jama,
District- Dumka.
….. ….. Petitioners
Versus
1. The State of Jharkhand.
2. The Commissioner, Santhal Pargana Division, Dumka, P.O. Dumka, P.S.-
Dumka, District- Dumka (Jharkhand).
3. The Settlement Officer, Dumka, P.O. Dumka, P.S.-Dumka, District-
Dumka (Jharkhand).
4. The Assistant Settlement Officer, Dumka, P.O. Dumka, P.S.-Dumka,
District- Dumka (Jharkhand).
5. The Deputy Commissioner, Dumka, P.O. Dumka, P.S.-Dumka, District-
Dumka (Jharkhand).
6. The Sub-Divisional Officer, Dumka, P.O. Dumka, P.S.- Dumka, District-
Dumka (Jharkhand).
7. The Circle Officer, Masalia, Dumka, P.O. Dumka, P.S.- Dumka, District-
Dumka (Jharkhand).
8. Mostt. Lakhia Devi wife of Late Lakhpati Singh;
9. Gnaesh Roy son of Late Lakhpati Singh;
10. Sudan Roy son of Late Lakhpati Singh;
11. Bhuwan Roy son of Late Lakhpati Singh;
12. Titu Roy son of Late Lakhpati Singh;
13. 16 Anna Raiyats of village Aguiyabandh;
All residents of village Aguiyabandh No. 71, S.C. P.O. Kharbani
Pargadih, P.S.- Jama, District- Dumka (Jharkhand).
… ... Respondents
------
CORAM : HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE RAJESH SHANKAR
------
For the Petitioners : Mr Rajeeva Sharma, Sr. Advocate
Ms Rita Kumari, Advocate
Mr Om Prakash, Advocate
For the Resp.-State : Mr Ratnesh Kumar, SC(L&C)-I
For the Resp. Nos. 8 to 13 : Mr Indu Shekhar Gupta, Advocate
-----
06 /Dated: 12.05.2026
1. Heard the learned counsel for the parties.
2. This petition seeks review of the judgment and order dated 19.05.2023,
dismissing L.P.A. No. 212 of 2019.
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##PAGE2##( 2026:JHHC:14395-DB )
3. Mr Rajeeva Sharma, learned senior counsel for the review petitioners,
submits that there is an error apparent on the face of the record, inasmuch as
the impugned order states that there was no specific prayer to challenge the
orders dated 19.02.2007 and 25.06.1987. He points out that in paragraph-6 of
the impugned order, the prayer clause has been quoted, and the quotation
clearly refers to the impugned orders of the learned Commissioner, Settlement
Officer and Assistant Settlement Officer as being prejudicial and that such
orders are fit to be quashed by this Court.
4. Mr Sharma, therefore, submits that the impugned order proceeds on the
premise that there was no specific prayer, when in fact, there was a specific
prayer. On this ground, he submits that there is an error apparent on the face
of the record, which is required to be corrected by exercising review
jurisdiction.
5. Learned counsel for the respondents submits that there is no case for
the exercise of review jurisdiction. They submit that the prayers are vague
and, in any event, the absence of prayers was not the only ground on which
the impugned order was made. They submit that the review petitioners have
raised factual issues, including adverse possession and the claim that Lakhpati
Singh is an impostor rather than the grandson of Lakhiya Devi. They submit
that such factual issues could never have been determined in a writ petition or
in an appeal against an order made in the writ petition. Accordingly, they
submit that there is no error, much less any error apparent on the face of the
record, warranting interference by exercising review jurisdiction.
6. The rival conventions now fall for our determination.
2
##PAGE3##( 2026:JHHC:14395-DB )
7. The absence of specific prayer clauses is certainly not the sole ground
for dismissing the L.P.A. No. 212 of 2019. There are several other weightier
grounds in the impugned order justifying the dismissal of the Letters Patent
Appeal. There is no error insofar as such other grounds are concerned.
8. In paragraph-6, the prayer clause has been quoted. The prayer clause is
most confusing, and we
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