Amar Adak & Ors vs Ranjan Hazra
2023 Latest Caselaw 3777 Cal

09.06.2023

Item No.25 CP C.O. 1728 of 2023

Amar Adak & Ors.

Vs.

Ranjan Hazra

Mr. Arnab Roy Ms. Ishita Kundu Mr. Soumyadeep Mukherjee ....for the petitioners.

The petitioner is aggrieved by an order passed

in J. Misc. Case No. 17(A) of 2017, pending before

the learned Civil Judge (Junior Division), 1st Court at

Tamluk, upto August 31, 2023. By the said order,

the petitioner's application to put in the short deposit

in a preemption case, was rejected.

Whether a short deposit of the consideration

money would result in dismissal of the application

for preemption, has been referred to a larger bench,

by a learned Coordinate Bench of this court in the

matter of Sk. Abdul Odud Ali vs. Emanulla Khan &

ors in C.O. No. 785 of 2021. The relevant portion is

quoted below:

"37. Hence I resort to the appropriate course of action according to me and refer the matter to the Hon'ble the Chief Justice (Acting) for assignment before a larger Bench of this Court to decide the following question:

'Whether a pre-emption application under Section 8 of the West Bengal Land Reforms Act, 1955, on the ground of co-

sharership, can be rejected at the outset as not maintainable if the application is accompanied by a deposit of an amount less than the

consideration shown in the sale deed sought to be pre-empted, along with the statutory interest of 10%, on the allegation that the price shown in the deed was inflated and the actual consideration money paid according to the pre- emptor is the lesser amount deposited with the pre-emption application and that no notice under Section 5 of the said Act was served on the co-sharer/pre-emptor'.

38. Further judgment is reserved in the matter till resolution of such question by the proposed larger Bench."

The matter requires deeper probe. His Lordship

had distinguished the decision of the Hon'ble Apex

Court rendered in the case of Barasat Eye Hospital

through its representative -versus- Kaustabh

Mondal.

Let a copy of the revisional application along

with the server copy of this order be served upon the

opposite party.

Affidavit of service to be filed on the next date.

Let this matter appear on August 21, 2023 at 3

p.m. The preemption case shall not proceed further

and status quo of the property shall be maintained

upto August 31, 2023.

(Shampa Sarkar, J.)