ARUN KUMAR DUTTA, J. - (1.) THIS revisional application under Article 226 of the Constitution of India is directed by the Pre -emptor -Petitioner (hereinafter referred to as Petitioner) against the Order dated 5th September, 1992 passed by the Ld. Munsif, 2nd Court at Baruipor in Misc. Case Nos. 7 8 of 1991 before him, for the reasons stated and on the grounds made out therein.
(2.) THE Petitioner had filed an application for pre -emption under Section 8 of the West Bengal Land Reforms Act (hereinafter referred to as Act) before the Court below in exercise of his right of pre -emption in respect of, the sale of the property in question, as described and detailed in the Schedule thereto, by the heirs of Jyotindra Mojian Chakraborty in favour of the Pre -emptee -Opposite Party (hereinafter referred to as Opposite Party) undera Registered Deed of Conveyance dated 26th February, 1988, in the facts and circumstances stated therein. The Opposite Party had resisted the petitioner's said application for pre -emption by filing objection there against denying the allegations made therein by the petitioner, and on the grounds made out in his relevant objection filed before the Court below.
(3.) WHEN the matter was being proceeded with before the Court below, the Opposite Party had filed an application under Section 21(3) of the Act praying, inter -alia, for an order for reference of the dispute as to whether he is a Bargadar or not in respect of the disputed land before the local Bhagchas Officer or Officer under Section 18(1) of the Act for determination of the said dispute. The petitioner had resisted the Opposite Party's aforesaid application by filing objection there against on the grounds stated therein. Even so, the Ld. Munsif, by passing the impugned order dated 5th September, 1992 had allowed the Opposite party's aforesaid application under Section 21(3) of the said Act and had called for a Report from the concerned B.L. and L.R.O. by making a reference to it thereunder for the reasons recorded therein. Aggrieved by the order so passed by the Ld. Munsif, the Petitioner had moved this Revisicnal Application before this Court under Article 227 of the Constitution of India on the grounds made out therein.;