Sri Ashis Kumar Samanta v. Smt. Ruma Maity (Manna)
Case at a glance
Provisions considered
- Constitution of India art. 227
- West Bengal Land Reforms Act, 1955 ss. 8, 9
Judgment
Sri Ashis Kumar Samanta Vs. Smt. Ruma Maity (Manna) Mr. Malay Dhar Mr. Amit Bikram Mahata Ms. Subhangi Panigrahi ... for the Petitioner. The revisional application under Article 227 of the Constitution of India is at the instance of the pre-emptee in a proceeding under Section 8 and 9 of the West Bengal Land Reforms Act, 1955 for pre-emption and is directed against the Order No.33 dated October 19, 2023 passed by the learned Civil Judge (Junior Division), Haldia, District Purba Medinipore in J. Misc. (Pre-emption) No.15 of
2020. The opposite party/pre-emptor has sought to preempt the disputed sale on the grounds that she is the owner of the plot adjoining to the suit plot and is also a co- sharer to it. In the said misc. case the petitioner has filed an application for holding local inspection to ascertain whether the barampath situated in the suit plot is made of mud or of concrete. The learned advocate for the petitioner submits that the learned Trial Judge has committed error in dismissing the said application. He submits that to determine the nature and characteristics of such barampath, inspection is necessary. In support of such 2 contention, he relies on the decision of the learned Single Judge of the Punjab and Haryana High Court in the case of Neelam Singla vs. Jasvir Singh & Ors. reported in 2023(4) Indian Civil Cases 843. Heard the learned advocate for the petitioner, perused the materials. Points on which the inspection sought for is completely irrelevant to the scope of the Misc. Case. The decision cited by the learned advocate for the petitioner has got no manner of application in the facts and circumstances of the instant case. Under such circumstances, the order impugned does not call for any interference. CO 240 of 2024 is dismissed, there shall however be no order as to costs. 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 of all requisite formalities. (Biswajit Basu, J.)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.