GAURI SHANKAR PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner is the purchaser, who has challenged the order dated 20.2.2004 passed by the Additional Member, Board of Revenue, Bihar in Case No. 31 of 2003, by which the Additional Member, Board of Revenue had rejected the plea of the purchaser that the lands in question were residential lands and were purchased for residential purposes.

(2.) Respondent No. 7 executed a sale deed in favour of the Petitioner on 3.5.2001. The Respondents 5 and 6 filed a pre-emption application, claiming that they are the boundary raiyats and co-sharers of the lands in question. The disputed lands appertain to Khata No. 25, Plot No. 1721, measuring 5.25 decimals (1 katha 4 dhurs) in Village-Jagdishpur. The Land Reforms Deputy Collector, East Muzaffarpur dismissed the application under Section 16(3) of the Bihar Land Ceiling Act, 1961 on 20.3.2002 which was affirmed by the Collector, Muzaffarpur vide order dated 17.1.2003. The Additional Member, Board of Revenue, Bihar has reversed the orders of the Land Reforms Deputy Collector and the Collector and held in favour of the pre-emptor.

(3.) The argument on behalf of the Petitioner is that the land in question is situated in the middle of the Village-Jagdishpur, surrounded by residential houses and is on the main road. The claim of the pre-emptors, as stated earlier, is that they are co-sharers and boundary raiyats and, therefore, entitled to reconveyance of the land in his favour.