Jharkhand High Court
Administrative and Public LawCivil Procedure and Evidence

Article 227 permits correction of jurisdictional error when an appellate court overlooks documents on record.

TAPESHWAR SINGH vs B C C L BHARAT COOKING COAL LTD REPRESENTED THROUGH MANAGING DIRECTOR

Jharkhand High CourtJUDGMENT: September 24, 20262 MIN READSOURCE JUDGMENT
Article 227 permits correction of jurisdictional error when an appellate court overlooks documents on record.. TAPESHWAR SINGH vs B C C L  BHARAT COOKING COAL LTD REPRESENTED THROUGH MANAGING DIRECTOR. Jharkhand High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner claimed to have purchased 11 decimals of land in Plot No. 84, Khata No. 90, at Saraidhela, and relied on a registered sale deed, mutation and revenue records, and a building-map sanction

Source reference: p. 2–3, 7

BCCL maintained that the disputed land had been acquired in Bhu Arjan Case No. 7/65/66 and that the petitioner had encroached upon it

Source reference: p. 3, 6

After the Estate Officer ordered against the petitioner, the Principal District Judge dismissed his appeal, stating that he had filed no documents

Source reference: p. 4–5, 7–8

The petitioner challenged that appellate order under Article 227 of the Constitution

Source reference: p. 2
02

Issues

1. Whether the appellate court committed an error amenable to correction under Article 227 by finding that the petitioner had filed no documents, despite the Estate Officer’s record noting those documents

Source reference: p. 7–10

2. Whether the dispute over the parties’ competing claims to 11 decimals in Plot No. 84 required reconsideration of the appeal, including possible measurement of the land

Source reference: p. 7–10
03

Law Applied

Article 227 confers supervisory jurisdiction on the High Court to keep subordinate courts and tribunals within the limits of their authority; it does not give litigants a right to appeal or permit correction of every wrong decision. Intervention is warranted where an error involves grave dereliction of duty or abuse of power resulting in grave injustice (*Ouseph Mathai v. M. Abdul Khadir*, (2002) 1 SCC 319)

Source reference: p. 8

A finding may be corrected under Article 227 where the court asks the wrong question or approaches it improperly, and failure to make necessary findings supporting an order may constitute jurisdictional error (*Kishore Kumar Khaitan v. Praveen Kumar Singh*, AIR 2006 SC 1474)

Source reference: p. 8–9
04

Reasoning

The Estate Officer’s order recorded documents relied on by the petitioner, but the appellate court stated that no documents had been filed. The High Court treated that discrepancy as an apparent error on the record and found that the appellate court had overlooked material relevant to the petitioner’s claim

Source reference: p. 7–9

Because both parties claimed 11 decimals in Plot No. 84, and BCCL did not claim to have acquired the entire plot, the competing claims required proper consideration; the court observed that measurement could be necessary to reach a correct finding

Source reference: p. 10

The appellate court’s failure to consider the documents therefore warranted supervisory correction.

Source reference: p. 7–9
05

Holding

The High Court set aside the appellate order dated 07.08.2023 and restored Civil Miscellaneous Appeal No. 37 of 2017 to the Principal District Judge, Dhanbad, for fresh decision after considering the petitioner’s documents and hearing both parties

The appellate court may, if necessary, have the land measured by the competent State authority in the presence of both parties

Source reference: p. 12

The petition was allowed and disposed of on those terms

Source reference: p. 13
Jharkhand High Court

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TAPESHWAR SINGHvsB C C L BHARAT COOKING COAL LTD REPRESENTED THROUGH MANAGING DIRECTOR

Jharkhand High Court · September 24, 2026

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