Review vs Appeal – Erroneous Factual Basis – Controlling Principle
Where an order is founded upon a factual statement made before the Court and such statement is later alleged to be incorrect, the proper remedy lies in review before the same Court and not by way of appeal. (Paras 7–8)
Writ Jurisdiction – Appellate Interference – Limited Scope
Appellate Court will not interfere where the dispute pertains to correction of factual position forming basis of the original order, and parties are at liberty to seek appropriate remedy before the Single Judge. (Para 8)
Contradictory Stand – Effect on Proceedings
Where a party takes a stand before the appellate court which contradicts its earlier stand before the Single Judge, the matter requires reconsideration by the same court that passed the original order. (Para 7)
Relief Based on Concession/Statement – Legal Effect
Directions issued on the basis of concession or statement of counsel bind the parties unless corrected through appropriate proceedings such as review. (Paras 2, 7–8)
ANALYSIS OF FACTS
The learned Single Judge passed directions restraining construction on temple land measuring Ac.1.52 cents based on a statement made by counsel for the temple authorities that such extent was allotted for festival purposes.
The appellants contended in appeal that the actual extent allotted was only Ac.0.66 cents and that construction was raised beyond such extent, and therefore, the earlier statement was factually incorrect.
Before the Division Bench, the temple authorities themselves clarified that only Ac.0.66 cents was allotted and that no construction was raised on that portion, thereby contradicting their earlier stand before the Single Judge.
ANALYSIS OF LAW
The Court focused on the procedural correctness of remedy, rather than adjudicating the factual dispute.
It held that:
When an order is based on a statement or concession, the correctness of such statement must be tested before the same court
Appellate jurisdiction is not intended to correct factual misunderstandings arising from party statements
A contradictory stand creates a situation requiring reconsideration, not appellate adjudication
Thus, the Court applied the principle that review is the proper procedural mechanism to correct factual errors forming basis of judicial orders
RATIO DECIDENDI
Where an order of the Court is based on a factual statement or concession made by a party, and such statement is subsequently disputed as incorrect or contradictory, the appropriate remedy is to seek review before the same Court, and not to invoke appellate jurisdiction, as the appellate Court will not interfere in such circumstances. (Paras 7–8)
CONCLUSION (OPERATIVE PART)
The Division Bench:
Declined to interfere in the matter
Granted liberty to parties to approach the learned Single Judge by way of review
Dismissed the writ appeal
Closed all pending applications
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