Revenue Officer Cannot Review Final Vesting Order Under WBEA Act; Power of Review Must Be Expressly Conferred — Supreme Court (2026)

Case Name: State of West Bengal & Ors. v. Jai Hind Pvt. Ltd.
Citation: 2026 INSC 132
Date of Judgment: 06 February 2026
Bench: Hon’ble Mr. Justice Nongmeikapam Kotiswar Singh, and Hon’ble Mr. Justice M. M. Sundresh

Held: The Supreme Court held that a Revenue Officer under the West Bengal Estates Acquisition Act, 1953 has no power to review a concluded vesting order in the absence of an express statutory provision conferring such power. Section 57A, which invests Revenue Officers with powers of a Civil Court, does not include the power of review. The review order dated 07.05.2008 setting aside the 1971 vesting order was therefore without jurisdiction and void.

Summary: The dispute arose from agricultural land claimed by Jai Hind Pvt. Ltd., which had earlier been denied the benefit of retention under Section 6(1)(j) of the West Bengal Estates Acquisition Act, 1953 by a vesting order dated 07.10.1971. The Revenue Officer had held in 1971 that the company failed to prove that it was “exclusively engaged in agricultural farming” as on 01.01.1952 — a mandatory statutory requirement for claiming exemption from vesting. The company challenged the vesting order, but its writ petition was dismissed in 1975, restoration was rejected in 1987, and appeal dismissed in 2002, thereby giving finality to the 1971 vesting order.

Subsequently, in 2008, upon a proposal for setting up an agro-based industry and after withdrawal of pending cases, the State Government issued an order dated 26.02.2008 directing review of the 1971 proceeding. Acting on this direction, the Revenue Officer passed a review order dated 07.05.2008 permitting the company to retain about 211.21 acres of land.

The Tribunal set aside the review order holding that the Revenue Officer lacked jurisdiction to review. However, the High Court reversed the Tribunal and upheld the review.

The Supreme Court examined:

1. Whether Section 57A (power of Civil Court) includes power of review
   The Court held that the power of review is not an inherent power and must be expressly conferred by statute. Relying on settled precedents such as Patel Narshi Thakershi and Kalabharati Advertising, the Court held that quasi-judicial authorities can exercise only those powers expressly granted. The omnibus conferment of “all powers of Civil Court” does not include review unless specifically stated.

2. Effect of Finality of 1971 Order
   The 1971 vesting order had attained finality after judicial challenges failed. Section 57B(3) proviso of the Act prohibits reopening matters already determined. Hence, the Revenue Officer was statutorily barred from re-opening the concluded vesting determination.

3. Doctrine of Separation of Powers
   The Court undertook a detailed constitutional analysis and held that permitting executive officers exercising quasi-judicial powers to review their own concluded decisions would blur the separation between executive and judiciary, which forms part of the basic structure. The power of review is essentially a core judicial function.

4. Merits of Review Even Otherwise
   Even assuming review power existed, the 2008 review did not satisfy the limited grounds of review (error apparent, new evidence, etc.). It amounted to a re-appreciation of merits decades later, which is impermissible.

The Court also held that doctrines like estoppel cannot override statutory provisions, and executive decisions cannot validate actions taken without jurisdiction.

Decision: The appeal filed by the State of West Bengal was allowed. The review order dated 07.05.2008 passed by the Revenue Officer and the Government Order dated 26.02.2008 were held illegal and without jurisdiction. The 1971 vesting order stood revived and retained its finality. The High Court judgment dated 17.05.2012 was set aside.