Calcutta High Court (Appellete Side)
Amar Adak & Ors vs Ranjan Hazra on 9 June, 2023
Author: Shampa Sarkar
Bench: Shampa Sarkar
09.06.2023 Court No. 19 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 2 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.)