LAKSHMI KANTA Vs. DILIP KUMAR

JUDGEMENT

(1.) IN the twin revisional applications under Article 227 of the constitution of India the petitioner has sought to assail the orders dated november 21, 2006 passed by the learned Additional District Judge, second Fast Track Court, Serampore, Hooghly in Misc. Appeal Nos: 33/ 2004 and 31/2004 setting aside the orders of pre-emption under Section 8 of the West Bengal Land Reforms Act passed by the learned Civil Judge (Junior Division), 1st Court, Serampore in Misc. Case Nos. 46/93 and 47/ 93 respectively.

(2.) THE circumstances leading to the above applications are that the petitioner obtained orders of pre-emption under Section 8 of the West bengal Land Reforms Act in respect of 'kha' Schedule property as a contiguous landowner against O. P. Nos. 1 and 2 (in C. O. No. 567/2007)and O. P. No. 1 (in C. O. No. 568/2007 ). The learned Court'of appeal below reversed the said orders holding on the basis of a decision of the apex Court that the law of pre-emption on the ground of vicinage is void as it infringes the fundamental right to hold, acquire or dispose of property guaranteed under Article 19 (1) (f) of the Constitution of India.

(3.) BEING aggrieved by the said orders, the petitioner has landed in this Court.