RAM KUMAR THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) The Petitioner has challenged the order dated 12.12.1997 contained in Annexure-2 passed by the Collector, Sitamarhi setting aside the order of the Land Reforms Deputy Collector, Sitamarhi dated 17.6.1996 allowing the pre-emption application of the Petitioner. The appellate order was challenged by the Petitioner by filing a revision application which was disposed of by the Member, Board of Revenue on 1st/10th April, 2002 in Case No. 299 of 1997.

(3.) Admittedly, the Petitioner is the boundary raiyat. The case has been decided in favour of the purchaser on the ground that he is a landless person and the property that he had purchased from Respondent No. 6 was the only property that he would own as a result of the said transaction. The fact that Respondent No. 5 is the landless person, has been established by the fact that the Circle Officer has issued a certificate in favour of Respondent No. 5, certifying the fact that he does not own and possess any other land except, those which he had purchased by virtue of the sale deed dated 14.7.1995.