SHEO NARAYAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this application, the petitioner has prayed for quashing the order as contained in Annexures-4, 6 and 8 passed by different authorities under Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the 'Act').

(2.) DECEASED respondent No. 5 (whose heirs have been subsequently substituted in this Court) had filed a petition claiming pre-emption in respect of survey plot No. 713, an area of 1 bigha, 1 katha, 8 dhurs and 10 dhurid of land under Khata No. 70 recorded in the name of the transferor, respondent No. 6. The petitioner purchased the said land from respondent No. 6 on 19.12.1975. When respondent No. 5 filed the case under Section 16(3) of the Act, an objection was raised that he was an adjoining Raiyat as co-sharers in plot No. 712 along with Ashutosh Yadav and Uday Narain Yadav and the petitioner has no right to claim pre-emption. Ashutosh Yadav and Uday Narain Yadav are said to have sworn affidavits contending that the petitioner is a member of a joint family and is in possession of the adjacent plot No. 712. However, the Land Reforms Deputy Collector, considering the documents available before him, has come to the conclusion that respondent No. 5 was entitled to claim pre-emption and, thus, allowed his prayer. The said order is Annexure-4.

(3.) LEARNED Counsel for respondent No. 5, however, contends that as respondent No. 5 was an adjacent Raiyat of the land in dispute, there was no question of spot inquiry because all the three authorities were satisfied.