HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU Case: RP No. 24/2025 Pooja Devi M ….review petitioner(s) Through :- Mr Jasbir Singh Jasrotia Advocate V/s Inhabitants of village Mandiwala Bandwal and others Through :- Ms Chetna Manhas Advocate vice Ms Monika Kohli Sr. AAG Mr. Anil Khajuria Advocate. CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 1 By the instant petition, the petitioner, who is arrayed as respondent No.19 in WP(C) No. 2387/2024, seeks review of order dated 08.07.2025 passed by this Court, insofar as it directs as follows while disposing of the writ petition: “…Till such time the appeal is decided, respondent No.9 shall not commence operations of the industrial unit, notwithstanding any construction or installation that may have taken place pursuant to the permission issued in her favour.” 2 It is submitted that the aforesaid direction constitutes an error apparent on the face of the record, inasmuch as it was passed without proper appreciation of the fact that respondent No.19 (review petitioner herein) was duly granted permission by the competent authorities to establish and operate the industrial unit. It is further contended that such direction, passed without adjudicating or examining the validity of the permissions so granted, results in serious prejudice to the review petitioner, causing irreparable loss and injury 2 which cannot be compensated by any means. It is submitted that unless the said portion of the order is reviewed, the review petitioner shall be unfairly restrained from operating a unit for which all requisite statutory approvals and permissions have already been granted. 3 Learned counsel for the non-applicants does not raise any objection to the limited relief prayed for in the review petition. 4 Heard learned counsel for the parties. Perused the record. 5 The jurisdiction of this Court to review its own orders is traceable to Section 114 read with Order XLVII Rule 1 of the Code of Civil Procedure, 1908, which permits review on specified grounds including: (i) Discovery of new and important matter or evidence, (ii) Mistake or error apparent on the face of the record, or (iii) Any other sufficient reason. 6 The dictionary meaning of the word 'review' is “the act of looking over something again with a view to correction or improvement”. The Supreme Court in S. Nagaraj & Ors. v. State of Karnataka & Anr., 1993 Supp (4) SCC 595, has held that review is essentially a re-examination of a decision with a view to correcting any apparent error or preventing miscarriage of justice. Similarly, in Shri Ram Sahu (Dead) through LRs & Ors. v. Vinod Kumar Rawat & Ors., 2020 (12) SCALE 415, the Supreme Court has reiterated that review jurisdiction is limited and may be exercised only where the order sought to be reviewed suffers from errors apparent on the face of the record or causes manifest injustice. 7 In the present case, a perusal of the order dated 08.07.2025 reveals that the direction restraining the review petitioner from commencing operations of the industrial unit was issued without any finding or adjudication on the validity 3 or legality of the permissions granted by the competent authority. This, in considered opinion of this Court, constitutes a patent error, as such a restraint ought not to have been imposed without determination on the legitimacy of the permission granted to the review petitioner. The omission goes to the root of the matter and warrants correction in the interest of justice. Accordingly, the review petition is allowed. The following portion of the order dated 08.07.2025 passed in WP(C) No. 2387/2024 is hereby recalled and struck off: “...Till such time the appeal is decided, respondent No.19 shall not commence operations of the industrial unit, notwithstanding any construction or installation that may have taken place pursuant to the permissions issued in her favour.” 8 The remaining portion of the order dated 08.07.2025 shall remain unaltered and shall be read in conjunction with this order. (MOKSHA KHAJURIA KAZMI) JUDGE Jammu 24.07.2025. (MOKSHA KHAJURIA KAZMI) JUDGE Jammu 24.07.2025. Sanjeev Whether order is reportable:Yes/No