JUDGMENT
Subhro Kamal Mukherjee, J.
1. This is an application under Article 227 of the Constitution of India against the Order No. 41 dated January 28, 2005 passed by the learned Civil Judge (Junior Division), First Court at Uluberia, District -Howrah in Miscellaneous Case No. 73A of 2001. By the order impugned the learned Civil Judge rejected an application filed by the pre-emptee under Section 47 of the Code of Civil Procedure.
2. The pre-emptee/petitioner purchased .04 decimals of land in plot No. 491 appertaining to Khatian No. 677 of Mouza Rasti, District-Howrah by a registered deed of conveyance dated September 25, 1997 from one Shrimati Shyamali Guchati.
3. The pre-emptor/opposite party filed an application under Section 8 of the West Bengal Land Reforms Act, 1955 for pre-emption. The said application was filed in the Court of the learned Munsif at Uluberia, District-Howrah. The proceeding was registered as L. R. Case No. 63 of 1987. The pre-emptee contested the case. The learned Munsif by judgment and order dated December 9. 1993 rejected the said application under Section 8 of the West Bengal Land Reforms Act, 1955.
4. The pre-emptor preferred an appeal against the said order dated December 9, 1993 in the Court of the learned District Judge, Howrah. The said appeal was registered as Miscellaneous Appeal No. 14 of 1994. The learned District Judge by judgment and order dated February 5, 1996 allowed the appeal and granted an order of pre-emption in respect of the land involved in the deed of conveyance dated September 25, 1987. The learned District Judge, inter alia, held that it was not disputed for once that the northern half of plot No. 488, owned by the pre-emptor, was adjacent to the disputed plot No. 491 and as such, it could be said without hesitation that the pre-emptor was a raiyat possessing land adjoining to the holding of the pre-emptee and, therefore, was entitled to get an order of pre-emption in his favour. The learned District Judge, further, recorded that the pre-emptee did not put forward any case that his vendor transferred her entire holding.
5. The pre-emptor filed an application under Article 227 of the Constitution of India read with Section 115 of the Code of Civil Procedure before this Court. The said revisional application was registered as Civil Order No. 2623 of 1996. Surya Kumar Tiwari, J. rejected the said revisional application.
6. The pre-emptor put the order of pre-emption into execution giving rise to Miscellaneous Execution Case No. 1 of 2001 in the Court of the learned Civil Judge (Junior Division), First Court at Uluberia. In connection with the said execution case, the pre-emptee filed an application under Section 47 of the Code of Civil Procedure and contended, inter alia, that the order of pre-emption was a nullity. By the order impugned, the learned Judge in the Executing Court dismissed the said application under Section 47 of the Code of Civil Procedure on contest with cost of Rs. 1,000/- (Rupees one thousand) only.
7. Being aggrieved, the pre-emptee has filed this application under Article 227 of the Constitution of India.
8. Mr. Wasim Ali, learned Advocate appearing for the petitioner, submits that the West Bengal Land Reforms Act, 1955 is substantially amended by the West Bengal Land Reforms(Amendment)Act,2000. The said Act came into operation with retrospective effect from August 7, 1969 except certain provisions. By Section 8 of the said amendment Act for the words “holding of a raiyat” the words “plot of land of a raiyat” are substituted with effect from August 7, 1969. Mr. Wasim Ali, further, submits that the Lower Appellate Court granted the order of pre-emption on the ground that the pre-emptor was possessing land adjoining such holding, but the provisions of the statute are amended with retrospective effect from August 7, 1969 by deleting the world ‘holding’ by the words ‘plot of land’, therefore, the very basis of the decision is changed and as such, the order is nullity.
9. There is complete answer to the contentions raised by Mr. Wasim Ali in Section 30 of the West Bengal Land Reforms (Amendment) Act, 2000 which runs as under:
“30. Saving and validation.– Anything done or any action taken under the principal Act as amended by this Act before the publication of this Act in the Official Gazette shall be deemed to have been validly done or taken under the principal Act as amended by this Act as if this Act were in force when such thing was done or such action was taken.”
10. The West Bengal Land Reforms (Amendment) Act, 2000 was published in the Official Gazette on March 14, 2001. The Lower Appellate Court passed the order of pre-emption on February 5, 1996. This Court dismissed the revisional application of the pre-emptee on March 25, 1998.
11.Therefore, the decision of the Lower Appellate Court granting pre-emption in favour of the pre-emptor shall be deemed to have been validly passed under the principal Act. There is no substance in the revisional application under Article 227 of the Constitution of India.
12. The revisional application is, therefore, rejected.
13. I make no order as to costs.
14. Let xerox certified copy of this order, if applied for, be supplied to the applicants on urgent basis.
