Hazi Nazrul Islam and Ors. v. Indrani Sarkar and Anr.
Case brief
What is this about?
Preemption under Section 8, West Bengal Land Reforms Act 1955; deposit of entire sale consideration plus 10% with the preemption application; failure to deposit; Article 227 of the Constitution of India; CO 1060 of 2025; Hazi Nazrul Islam & Ors. v. Indrani Sarkar & Anr.; Civil Judge (Jr. Division), Lalbagh, Murshidabad; Additional District Judge, 1st Fast Track Court, Lalbagh; Misc. Appeal No. 3 of 2023 (formerly Misc. Appeal No. 49 of 2018); Barasat Eye Hospital & Ors. v. Kaustav Mondal, 2022(3) CHN (SC) 108; Hiranmay Bhattacharyya, J.; civil order dismissed, no order as to costs.
What did the court decide?
Counsel for the petitioners could not controvert the first appellate court's factual finding that the preemptors failed to deposit the entire sale consideration with the further 10%; the miscellaneous appeal was therefore rightly allowed and there was no basis for interference.