RANJIT KUMAR MONDAL Vs. PANKOJ MUKHOPADHYAY AND ORS.

JUDGEMENT

(1.) The judgment dated 31st May, 2014 passed by the Additional District Judge, 2nd Court, Raiganj, Uttar Dinajpur in Misc. Appeal No. 4 of 2012 thereby setting aside the order dated 31.1.2012 passed in Misc. Case No. 74 of 2002 by the Civil Judge, Junior Division, Raigunj, Uttar Dinajpur is under challenge in this application.

(2.) Moot issue which arises for consideration in the present application under the scheme of Article 227 of Constitution of India is whether an application for preemption under Section 8(1) of West Bengal Land Reforms Act (hereinafter referred to as the Act) is maintainable in case of land which is by nature 'Bastu'.

(3.) The petitioner filed Misc. case No. 74 of 2002 under Section 8 of the Act before the learned Civil Judge, Junior Division, Raiganj, Uttar Dinajpur on the grounds inter alia that petitioner shares a common boundary with the suit property and as contiguous holder of the common boundary he has a right of preemption of the suit property.