LAXMAN MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application was originally heard by a Bench of this Court on 29th January, 2007 and the order of the Additional Member, Board of Revenue was set aside by the learned Single Judge. The matter traveled before the LPA Bench and the LPA Bench remanded the matter back after quashing the order dated 29th January, 2007 passed by the learned Single Judge on the ground that the respondent No. 5 had died during the pendency of the writ application and the matter proceeded without the heirs of respondent No. 5.

(2.) This application has been filed challenging the order of the Additional Member, Board of Revenue passed under Section 32 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Act).

(3.) The case of the petitioners is that they had purchased 27 decimals of land out of 57 decimals of plot No. 3900, Khata No. 97 situate in the village Rampur Gangauli. The husband of respondent No. 5 by a registered sale deed purchased 30 decimals of land in plot No. 3900. The petitioners filed an application for pre-emption which was allowed by the Land Reforms Deputy Collector and the Collector vide orders dated 08.10.1985 and 22.01.1986 respectively.