Mir Dara Sheko, J. - (1.) The C.O. being 3999 of 2016 on the basis of application under Article 227 of the Constitution of India has been directed assailing the judgment dated 7.5.2016 delivered by Learned Additional District Judge, 2nd Court Malda in Misc. Appeal No. 15 of 2011 affirming the order dated 31st January, 2011 passed by learned Civil Judge (Junior Division) 2nd Court in Misc. Case No. 03 of 2006 (preemption) under Section 8 of the West Bengal Land Reforms Act, 1955 by which the prayer of pre-emption was refused, since the petitioner was not held as a raiyat within the meaning of Section 2(10) of the Act the petitioner had no right or locus standi to exercise the right of pre-emption.
(2.) Though despite service of notice none appears to represent the opposite parties but for proper adjudication of the case the L.C.R was called for and the record of the Misc. Appeal as well as the record of the Misc. Case (for pre-emption) under reference have been made available before this Court.
(3.) Kali Shankar as the applicant/appellant/petitioner, who will be called on hereafter as the petitioner, filed the pre-emption case on behalf of Chanchal Satsangha, as its Secretary, to pre-empt 9 decimals out of 19 decimals of plot no. 672 of Khatian No. 174 of Mouza Chanchal on the ground of adjoining land owner.;