Nanda Kishor Shaw And ANR v. Aditya Samanta And ORS

01.10.2024 (D/L 10) Ct.-19 (Susanta)

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION C.O. 4455 of 2023 With I.A. No. CAN 1 of 2024 Naba Kishor Shaw & Anr.

-Vs- Aditya Samanta & Ors.

Mr. Sashwata Nayek, Mr. K. N. Jana, ... For the Petitioners.

Mr. Nilanjan Adhikari, Mr. Sourav Mondal, .... For the Opposite Parties.

Affidavit-of-service filed on behalf of the petitioners be kept with the record.

The matter though has been brought to the list on the prayer of the petitioners for extension of interim order but by the consent of the parties, the matter is taken up for final disposal.

The pre-emptees in a proceeding under Section 8 of the West Bengal Land Reforms Act, 1955, are the petitioners of the instant application under Article 227 of the Constitution of India.

The application for preemption has been registered before the 2nd Court of learned Civil Judge (Junior Division) at Durgapur, District: Paschim Bardhaman as Misc. (Pre-emption) Case No. 10 of 2022. The learned Trial Judge by the impugned Order No. 5 dated September 27, 2023 has refused the prayer of the petitioners to accept the written objection sought to be filed few months after their appearance and has

fixed the Misc. Case for ex parte hearing against the petitioners.

In view of the nature of the proceeding and length of delay, the order impugned is set aside.

The petitioners are permitted to file the said written objection on the next date fixed in the proceeding subject to payment of costs of Rs. 10,000/- (Rupees ten thousand only) to the High Court Legal Services Committee, Calcutta before the ensuing Puja Vacation of the Court.

C.O. 4455 of 2023 is disposed of with the above terms without any order as to costs.

In view of the disposal of the revisional application, the connected application being CAN 1 of 2024 for vacating the interim order taken up by the opposite party no. 1 has become infructuous and is dismissed as such.

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.)