Kalachand Dingal v. Smt. Reena Jana And ORS.

19.09.2024 (D/L-27) Ct.-19 (Susanta)

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION C.O. 3330 of 2024 Kalachand Dingal -VsSmt. Reena Jana Mr. Sounak Bhattacharyya, Mr. Sounak Mondal, Mr. Abhirup Halder, Mr. Anirban Saha Roy, ... For the Petitioner.

Mr. Amit Baran Das, Mr. Jayanta Dey, Ms. Ankana Sarkar, .... For the O.P. No. 1.

By consent of the parties, the matter is taken up beyond the regular Court hours.

The pre-emptor in a proceeding under Section 8 of the West Bengal Land Reforms Act, 1955 being J. Misc. (P) Case no. 22 of 2021 pending before the 2nd Additional Court of learned Civil Judge (Junior Division) at Contai, District: Purba Medinipur is the petitioner of the instant application under Article 227 of the Constitution of India.

The learned Trial Judge by the order impugned being Order no. 22 dated July 3, 2024 has refused the prayer of the petitioner for amendment of the application for pre-emption.

The petitioner by the proposed amendment has sought to add averments in the said application for preemption that he being a bargadar, is entitled to exercise his right of pre-emption on the said ground also.

The learned Trial Judge has rightly refused the said prayer of the petitioner inasmuch as the said prayer is ex facie barred by limitation.

The order impugned therefore does not call for any interference.

C.O. 3330 of 2024 is dismissed as such without any order as to costs.

This order however will not take away or interfere with the right of the petitioner to defend any other proceeding(s) on the ground of his such alleged bargadar-ship over the suit plot.

Parties to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)