GHANSHYAM CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner had purchased 11 dhurs (slightly more than katha) of land on 10.09.2001 which has become subject matter of pre-emption by respondent No 5 who had purchased 10 dhurs (exactly katha) of land on 23.06.1998. Upon petitioners purchase, the application for pre-emption was disallowed and the appeal against that was also dismissed but the Board of Revenue, in revision, set aside the orders and allowed the pre-emption application which was then set aside by this Court and the matter remanded to Board of Revenue. The Board of Revenue again examined the matter and, based on the inspection report obtained, passed the impugned order on 01.12.2007 which is now being challenged. Parties have appeared and have been heard.

(2.) The facts are not very much in dispute. On 19.02.1988, the vendor of petitioner and the vendor of respondent No 5 purchased 11 dhurs and 10 dhurs of land each. This land is situated just at the periphery of Muzaffarpur Town what is now known as Chainpur, an area which is urbanised and from the large chunk of land which was held by the earlier raiyat, he had carved out small plots which he was selling and people buying essentially as a part of colonisation. Respondent No 5 purchased from her vendor the said 10 dhurs of land on 23.06.1998 (approximately 968 square feet or 107 square yards) though the sale deed shows that it was a purchase from a raiyat meaning an agricultural tenant for agricultural purpose but it is not in dispute that upon inspection, it was found that it contained the pucca house of respondent No 5 on substantial part thereof. When petitioner purchased the land, it was vacant and similar narration is there in the sale deed that it was raiyati land but one other fact remains that it is on the periphery of Muzaffarpur Town and in a totally urbanised area. The two Courts below have held consistently that the purchase of respondent No 5 was in fact for residence. It was an urbanised area. From large chunk of land, small plots for residence were being sold that is what was purchased by respondent No 5 and petitioner and, as such, pre-emption application could not be entertained. Ultimately, the Board of Revenue has reversed those findings and has held that when the plot was purchased by the petitioner, it was capable of agricultural operation.

(3.) It was raiyati land. The land of respondent No 5 would be a homestead land and, thus, pre-emption application would lie and, he, as such, allowed the same. Shri Madhav Roy appearing for the petitioner states that before applying the provisions of Section 16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, one has to see whether it is essentially an agriculture land. Section 16 (3) is a part of law dealing with consolidation of agricultural tenancy. The Act deals with agricultural tenancies and includes homestead land as a part of tenancy. Before a property can be described as homestead land, one must establish its connection with agricultural lands. An isolated house on a small land in an urbanised area cannot be termed as homestead land. To the contrary, learned counsel for respondent No 5 submits that the finding of fact given by the Board of Revenue is final and cannot be interfered with by this Court.