RAMBATI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is aggrieved by the order of the Land Reforms Deputy Collector, Katihar, the Additional Collector, Katihar and the Commissioner, Purnea Division by which the pre-emption application of respondent no. 5 has been allowed on the ground that he is adjoining raiyat and co-sharer of plot nos. 841, 842 and 854, measuring 64 decimals.

(2.) The facts are that the petitioner had purchased the land on 22.02.2001 and after which pre-emption application was filed by respondent no. 5.

(3.) The case of the petitioner is that the lands in question are his bakhast lands and he has built a house on the portion of the disputed plot. The lands purchased measure 32 decimals. It is also not disputed that in the vicinity, there are 3-4 houses, one belonging to respondent no. 5, the other belonging to Rukhmani Devi and one of Ram Nath Tiwary and, therefore, the petitioner claims that the nature of the land is homestead and there are several houses around the plot purchased and as such the land in question cannot be treated to be the agricultural land.