BIRENDRA NONIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Earlier notices were issued to the Respondents 5 to 9. Although, the notices were validly served, BASGIT land. It has further been indicated in the enquiry report that 0.94 decimals belongs to Balkeshwar Dusadh and 13.14 decimals belong to Dhrub Mahto who has his house and courtyard over the said lands. Besides which, it has been said that Dhrub Mahto has his house and lands on the western boundary of the vended lands. Counsel for the Petitioners submits that the house of Balkeshwar Dusadh, the pre-emptor and Dhrub Mahto adjoin the vended plot, which indicates that the land is being used for residential purposes, and as such, Respondent No. 5 to 8 cannot get the benefit of Section 16 (3) of the Ceiling Act. The Land Reforms Deputy Collector, on the basis of the enquiry report rejected the pre-emption application. Respondents 5 to 8 filed an appeal which was disposed of by order dated 5.2.1989 confirming the order of the Land Reforms Deputy Collector, whereas the Member, Board of Revenue had reversed both the orders on the ground that the pre-emptor is a boundary raiyat and thus, his right of pre-emption has been accepted. nobody has appeared to represent them in these matters.

(2.) The Petitioners are the purchasers of land appertaining to R.S. Khata No. 3, R.S. Plot No. 155 which was purchased through three sale deeds numbered as 7000, 7001 and 7002 dated 17.7.1987 by which three plots of land measuring 1 katha, 2 kathas and 2 1/2 kathas of land were transferred to the Petitioners by the vendor. The boundary of the purchased land is described in paragraph 7 of the writ applications, which indicates that Prahlad Tiwary was on the north of the boundary, Basisth Tiwary and Balkeshwar Dusadh were on the south boundary, the vendor was on the east and Dhrub Mahto was on the west of the vended land. Three pre-emption applications were filed with respect to the sale deeds in question claiming that the pre-emptor is a boundary raiyat.

(3.) The admitted facts are that the pre-emptor had his lands on the boundary of the lands which are the subject matter of the three sale deeds. The pre-emptor had purchased part of Plot No. 155, Khata No. 3 and as such claims to be a boundary raiyat to the vended land. Undisputably, the Respondents are the boundary raiyats. The point that has been raised on behalf of the Petitioners is that the lands in question are meant to be utilized for residential purposes, as the entire vended land is surrounded by houses. For this purpose, the Petitioners Counsel refers to the sale deed which indicates that Dhrub Mahto has his house on the western boundary of the vended lands. Besides which, Counsel for the Petitioners also refers to the order passed by the Land Reforms Deputy Collector, wherein, he has considered the spot verification and enquiry conducted by the Circle Officer, regarding the nature of the lands. It has been mentioned that the Khesra No. 155 measures a total area of 3.50 acres which has been described as