NAGINA SAH Vs. ADDITIONAL MEMBER, BOARD OF REVENUE

JUDGEMENT

(1.) The petitioner has challenged the order of the Land Reforms Deputy Collector dated 04.09.1990 passed on remand for the purpose of conducting a spot enquiry with respect to the nature of the lands and the order of the Additional Member, Board of Revenue passed in Case No. 575 of 1990.

(2.) The petitioner is the purchaser of Plot No. 7413, measuring 19 dhurs, 7827, measuring 2.5 dhurs and 7829, measuring 2.5 dhurs, appertaining to Khata No. 501 in village Masrakh, in the district of Saran. The total lands purchased is 1 katha 04 dhurs along with 01 decimal of lands situated in the district of Purnea, appertaining to Khata No. 1216, Plot No. 2042.

(3.) The respondent no. 4/the pre-emptor filed an application under Section 16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1962 (hereinafter referred to as 'the Act'). The pre-emption application was rejected by order dated 11.031985 passed by the Land Reforms Deputy Collector, Saran who has recorded a finding that the Khatiyan of Khata No. 501 indicates that the lands are basgit makaan -cum sahan. Aggrieved by the order of the Land Reforms Deputy Collector, Saran, the pre-emptor moved before the Collector, who allowed the appeal and thereafter the petitioner moved before the Additional Member, Board of Revenue who remanded the matter back to the Additional Collector on two points i.e. enquiry with respect to the nature of the lands and to examine as to which of the persons are on the boundary of the vended lands. The Additional Collector is said to have conducted a spot verification of the lands in question. There is no report on the record to support his finding, but he has recorted the following facts:-