Dipankar Datta, J. - (1.) The petitioner is the applicant in a pre-emption case, pending on the file of the learned Civil Judge (Jr. Division), 1st Court at Asansol. He did not deposit the consideration amount along with compensation thereon @ 10% of such amount, as is referred to in Section 8 (1) of the West Bengal Land Reforms Act while applying for pre-emption. He filed a petition on 14.11.2011 contending that since the provisions of the Act do not mandate deposit of the amount mentioned in Section 8(1) of the Act before final adjudication of the pre-emption case, he may be permitted to proceed without making the requisite deposit. The petition was considered by the learned Judge and by order no. 5 dated 15.11.2011, the same was rejected. The petitioner was directed to deposit consideration amount and compensation, in default whereof the pre-emption case would not proceed at all.
(2.) It is noticed that a Bench decision of this Court (Sadhan Chandra Samanta Vs. Jaladhi Bala Dasi reported in,1986 1 CalLJ 170) was relied on by the petitioner before the trial Court, wherein it was ruled as follows: "8. ******** Thus, section 8 of the West Bengal Land Reforms Act has not made it imperative to deposit the consideration money and the compensation thereon at the time of making pre-emption application or that in default thereof the application would be dismissed .. . Therefore, the deposit of the consideration money and the compensation thereon need not be necessarily made within four months or three years as the case may be from the date of transfer ***************."
(3.) The learned Judge of the trial Court without, however, assigning any reason held the Bench decision in Sadhan Chandra Samanta (supra) to be not applicable on facts and in the circumstances.;