Sri Subhash Chandra Mandal vs Bhaskar Das & Ors
2021 Latest Caselaw 2270 Cal

22.03.2021

03. suman Ct. 30 C.O. 1745 of 2016

(Via Video Conference)

Sri Subhash Chandra Mandal Vs.

Bhaskar Das & Ors.

Mr. Susenjit Banik Mr. N. Dhali ...for the petitioner

The instant civil revision is placed under the

heading "To Be Mentioned" as the record was

previously misplaced after hearing and it was not

placed before this Court for delivery of judgment.

The instant revision is arising out of a

proceeding under Section 8 of the West Bengal Land

Reforms Act.

The issue involved in the instant writ petition

is as to whether Section 8 of the Preemption Act is

applicable if the entire share in land of a raiyat is

transferred in favour of a third person in view of the

language of Section 8 of the West Bengal Land

Reforms Act regarding maintainability of

preemption "in the event a raiyat transfers his/her

share or a portion of a plot of land to a person other

than a co-sharer...." The issue was dealt with by the

Division Bench of this Court in Naymul Haque @

Nainul Haque versus Allauddin Sk. reported in

(2019) 1 CLJ (Cal) 488. Subsequently in C.O.21

of 2019 (Sajidul Khandakar vs. Bhabani Biswas)

dated 29th August, 2019 similar question was raised

before the Circuit Bench at Jalpaiguri. A Co-

ordinate Bench referred C.O. 21 of 2019 to a larger

Bench to be constituted at the discretion of the

Hon'ble the Chief Justice for answering the

following question on reference:-

" Whether an application for preemption is

maintainable under Section 8 of the West Bengal

Land Reforms Act, 1955 in the event a raiyat

transfers his/her entire portion or share in a plot of

land to a person other than a co-sharer."

Again, by a subsequent judgment in C.O No.

2461 of 2007, another Bench if this Court was

pleased to accept the view laid down in Naymul

Haque (Supra).

In view of conflicting judgment and

considering the fact that same question is involved

in the instant revision. Therefore, the instant

revision be also referred to a larger Bench to be

constituted by the Hon'ble the Chief Justice for

answering the above question framed in C.O. 21 of

2019.

Office is directed to tag the instant revision

with C.O. 21 of 2019.

(Bibek Chaudhuri, J.)