SHANTI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna arises out of a proceeding under section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act 1961 (hereinafter referred to as the ?Land Ceiling Act). The appellant herein is aggrieved by the order dated 09.02.2005, passed in C.W.J.C.No. 9827 of 2000, by a learned Single Judge, whereby while allowing the aforesaid writ petition filed on behalf of respondent nos. 5 and 6 herein, their claim of pre-emption with respect to vended lands has been allowed, after setting aside the order dated 03.08.2006 (Annexure-6), passed by the learned Additional Member, Board of Revenue, Bihar, Patna.

(2.) The relevant facts essential for disposal of the present appeal are portrayed in short hereinafter. Lands of Plot No. 39 and 40, appertaining to Khata No. 192, area 1 katha 10 dhurs, situate at village- Banwar Bangara, P.O. Daudpur, P.S. Daudpur, District-Saran (Bihar), are the subject matter of dispute in the present proceeding and shall be referred to as the ?lands in dispute? hereinafter. The appellant herein is the purchaser of the lands in dispute. Respondent nos. 5 & 6 are the pre-emptors/heirs of original pre-emptor, and respondent no. 7 is the vendor, whereas respondent nos. 1 to 4 are the official respondents.

(3.) Respondent no.7, Smt. Muneshwari Devi, claiming to be the owner of the lands in dispute, sold the same to the appellant herein by executing a sale deed dated 07.06.1994, for consideration amount of Rs. 10,000/-. The aforesaid sale deed dated 07.06.1994, was duly registered on 29.10.1994. Respondent no. 5, Baij Nath Singh @ Baidyanath Singh, and one Ram Narayan Singh, father of respondent no.6, Tarkeshwar Nath Singh, jointly filed an application under section 16(3) of the Land Ceiling Act on 13.12.1994, in the court of the learned Deputy Collector, Land Reforms, Sadar, Chapra, claiming their right of pre-emption over the lands in dispute on the ground of being co-sharers of the vendor- respondent no.7, as also being the boundary raiyats of the vended plots. On the basis of aforesaid application, Land Ceiling Case No. 28 of 1994-95, was registered and after hearing the parties including the appellant herein, claim of pre-emption was allowed by order dated 24.10.1996 (Annexure-3), by the learned D.C.L.R., Sadar, Chapra, after recording a finding of fact that the pre-emptors are the co-sharers of the vendor of the appellant and they are also the boundary raiyats of the vended plots. The appellant herein was directed to reconvey the lands in dispute in favour of the pre-emptors by executing sale deeds in their favour within a period of one month from that date.