BISHNU PADA MAITY Vs. DEEPAK KUMAR MONDAL

JUDGEMENT

(1.) The revisional application under Art. 227 of the Constitution of India has been directed against the judgment dated 19.12.2015 delivered by learned Additional District Judge 2nd Court, Tamluk, Purba Medinipur in Misc. Appeal No. 10 of 2012 affirming the order dated 13.8.2010 passed by the Learned Civil Judge (Junior Division) 3rd Court at Tamluk in Misc.(Pre-emption Case No. 29 of 2001).

(2.) It appears that the preemptor/ applicant/appellant/petitioner Bishnu Pada Maity, who will be called on hereafter as the petitioner, had filed the application under Sections 8 & 9 of the West Bengal Land Reforms Act, 1955 to pre-empt 11 decimals out of 34 decimals in the middle stretched from north to south of plot no. 200 appertaining to R.S. Khatian No. 248, L.R. Khatian No. 223 of Mouza Chandipur under P.S. Panskura within present District Purba Medinipur on the ground of co-sharer as well as adjoining land owner.

(3.) Since the petitioner has suffered by the orders of two sub-ordinate Courts in succession, who have declined the petitioner's prayer of pre-emption on either of the grounds, to test the propriety and legality in the decision making process, let me set down the fact contended by the petitioner and objection raised by the opposite party No.1/respondent/opposite party/pre-emptee, who will be called on as the opposite party.