GAJADHAR PRASAD CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants purchased 11 kathas 5 dhuras of land in District Muzaf'farplir by registered sale deeds dated 12/08/1971. The Parco Vyapar Mandal Sahyog Samiti Ltd. (the Samiti) which is a marketing and credit cooperative institution, filed an application under Section 16 (3 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (the Act) claiming pre-emption as being adjoining raiyat to the land transferred. The Deputy Collector, the Additional Collector and the Board of Revenue upheld the claim of pre-emption. The High court dismissed the writ petitions filed by the appellants. These appeals via special leave are against the judgment of the authorities under the Act as upheld by the High court.

(2.) We have heard learned counsel for the parties. Section 2 (k) of the Act which defines raiyat is as under:

(3.) In the facts and circumstances of this case, notwithstanding the findings of the courts below, we are not inclined to grant benefit of Section 16 (3 of the Act to the respondent-Samiti. The appellants who are small land owners are in possession of the land since 1971. It would not be in the interest of justice to dispossess them after more than two decades specially when the respondent-Samiti is a cooperative institution and is not in active cultivation of the land. In order to do complete justice between the parties we, by invoking our constitutional jurisdiction, set aside the judgment of the High court and courts below and dismiss the application of the respondent-Samiti under Section 16 (3 of the Act. The appeals are allowed with no order as to costs.