Tarun Kumar Gupta, J.

The pre-emptee has filed this application under Article 227 of the Constitution of India challenging order No.12 dated 24th of January, 2011 passed by learned Civil Judge (Junior Division), 1st Court at Bankura in Misc. Case No.15 of 2009.

The O. P. filed said pre-emption case under Section 8 of the West Bengal Land Reforms Act, 1955 (hereafter to be referred as the Act of 1955) praying for pre-emption. The sale of the suit property in favour of the present petitioner pre-emptee by his vendors through a sale deed dated 7th July, 2009 was the subject matter of said preemption case. As per recitals of said kobala dated 7th July, 2009 the consideration amount was Rs.12 lakhs. However, the O. P. pre-emptor filed said pre-emption case by depositing only Rs.1, 10,000/- alleging that actual consideration passed between the parties was Rs.1 lakhs and that remaining Rs.10,000/-was the 10 per cent thereof in terms of Section 8 of the Act of 1955.

The pre-emptee filed one application under Section 9(1) of the Act of 1955 alleging that actual consideration money passed in said sale was Rs.12 lakhs as disclosed in the deed and that he had also to pay a sum of Rs