D/L.12.

September 26, 2025.

MNS.

CO No. 1344 of 2024

Sri Shankar Ghosh

Vs.

Sri Uttam Ghosh and others

Mr. Sagnik Bhattacharya,

Md. Sahinurzaman … for the petitioner.

1. The present challenge has been preferred

by the preemptor in a proceeding under Section 8 of the West Bengal Land Reforms Act, 1955 (in short “the 1955

Act”).

2. Learned counsel for the petitioner submits

that the preemption application was filed during the Covid-19 Pandemic period and, as such, was covered by the several orders passed by the Hon’ble Supreme Court, inter alia in the matters of MA 21 of 2022, MA 665 of 2021, Suo Motu Writ Petition (C) 3 of 2020, etc., whereby the Hon’ble Supreme Court extended the limitation period for filing applications and other legal proceedings. Thus, the

within the statutory limitation period.

3. The learned trial Judge, while considering the same, rejected the application on the ground that there is no provision in the 1955 Act regarding condonation of delay of limitation period in filing a preemption case.

4. The learned trial Judge further observed that the question as to whether the preemption application was time-barred can only be considered after trial as the right of preemption of the