Quasi-Judicial Authorities Lack Review Power Unless Statutorily Empowered : Supreme Court

The Supreme Court on Friday (February 6) held that the quasi-judicial authorities aren't empowered to exercise review jurisdiction unless statutorily empowered to do so.

A bench comprising Justices M.M. Sundresh and N. Kotiswar Singh overturned the Calcutta High Court's decision that had sustained the Revenue Officer's exercise of review jurisdiction. The Court held that the vesting of the disputed land in favour of the respondent, done pursuant to the State Minister's instructions, was impermissible, particularly when the land had earlier stood vested with the State government.

“…we hold that the review undertaken by the Revenue Officer culminating in the fresh order dated 07.05.2008 was wholly without jurisdiction and void ab initio. The WBEA Act, 1953, does not confer any power of substantive review upon the Revenue Officer, either expressly or by necessary implication.”, the court held.

The dispute arose under the West Bengal Estates Acquisition Act, 1953 (WBEA Act), where a Revenue Officer had earlier passed an order determining vesting of land in the State. Years later, acting on an executive direction issued by the State Government, the same authority purported to review and reopen its earlier decision in favour of Respondent-Jai Hind Pvt. Ltd., citing economic considerations and proposed industrial use of the land. This prompted the State to challenge the legality of the review exercise.

The central issue before the Court was whether a Revenue Officer, exercising quasi-judicial functions, could review its own earlier order in the absence of an express statutory power, particularly when such review was triggered by an executive instruction.

Answering negatively, the judgment authored by Justice Kotiswar Singh emphasized that the power of review is not inherent and must be conferred by statute either expressly or by necessary implication.

No provision under the WBEA Act empowers the Revenue Officer to exercise the review jurisdiction; moreover, the proviso to Section 57B (3) explicitly states that the Revenue Officer shall not re-open any matter which has already been enquired into, investigated, determined or decided by the State Government or any authority under any of the provisions of this Act, the court said.

“It (High Court) incorrectly proceeded on the premise that the Government Order issued under Section 57A of the WBEA Act, 1953, having been approved by the Minister-in-Charge, constituted sufficient authority to confer review jurisdiction upon the Revenue Officer. This approach conflated executive direction with statutory conferment of substantive power and treated review as a mere procedural incident of Civil Court powers. The High Court also overlooked the limits on vesting the judicial function of review power in executive authorities.”, the court held.

Accordingly, the appeal was allowed.

Cause Title: STATE OF WEST BENGAL & ORS. VERSUS JAI HIND PVT. LTD.

Citation : 2026 LiveLaw (SC) 126

Click here to download judgment

Appearance:

For Appellant(s) Mr. Rakesh Dwivedi, Sr. Adv. Mr. Kunal Vajani, Adv. Mr. Kunal Mimani, AOR Mr. Parag Chaturvedi, Adv.

For Respondent(s) Mr. Gaurav Mitra, Adv. Mr. Anand Shankar Jha, AOR Ms. Meenakshi Devgan, Adv. Mr. Parvez Rahman, Adv.