GOKUL MAHTO Vs. STATE BANK OF BIHAR

JUDGEMENT

(1.) This is an appeal by the appellant from the judgment of the Patna High Court dated 22-3-1994 in Writ Petition no. CWJC 3314/87. By that judgment the High Court dismissed the Writ petition, filed by the appellant, questioning the orders of the Board of Revenue dated 19-5-1987, allowing the revision filed by the respondent, and setting aside the orders passed by the authorities subordinate to the Board.

(2.) The point arises under Section 16 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land), Act, 1961. The appellant is a neighbour in respect of the property which was gifted to the fifth respondent by her brother the third respondent on 11-5-1982. The appellant claimed a right of pre-emption under Sub-clause (3) of Section 16 of the above said Act.

(3.) Learned counsel for the appellant has contended that gifts do come within Sub-clause (3) of Section 16 in spite of the Explanation added below Sub-clause (1) of Section 16. According to counsel, the Explanation which excludes 'gifts' from the purview of Section 16 must be confined to Sub-clause (1) of Section 16 only and cannot be applied for purpose of Sub-clause (3) of Section 16 which deals with the right of pre-emption of the neighbour.