MOGHAL SINGH Vs. MEMBER BOARD OF REVENUE

JUDGEMENT

(1.) In an application under Articles 226 and 227 of the Constitution of India, these petitioners pray for quashing Annexures 2 and 3. These annexures contain the orders passed by the appellate authority and the revisional authority under the provisions of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. Annexure 1 contains the order passed by the authority under the Act.

(2.) Respondent Nos. 4 and 5 filed an application under Section 16 (3) of the Act for pre-emption over 90 decimals of land purchased by the petitioners on 5-4-1974. Ramdhani Sao (respondent No. 6) sold 90 decimals of plot No. 25 of village Jharna, Police Station, Lestiganj, district Palamau, to the petitioners on 5-4-1974 through a registered sale deed. In the said sale deed the boundary given is as follows: North -- Ramdhani Sao South -- Moghal Singh and others (Petitioners) East -- Boundary of village Turkadih West -- Mogal Singh and others (Petitioners).

(3.) It is on the basis of the aforesaid sale deed that the learned counsel for the petitioners contends that the pre-emptors have no right to preempt the petitioners from the land in question in view of the boundary given in the sale deed dated 5-4-1974. According to him, before 5-4-1974, these petitioners were adjoining raiyats holding land adjoining to the land transferred. If this argument is correct, then certainly an application for pre-emption filed by respondents Nos. 4 and 5 is not maintainable. However, I am not deciding the point in favour of the petitioners at present. According to the case of the petitioners, the petitioners were already on the West boundary of plot No. 25 by virtue of a purchase of plot No. 24 in the names of their wives by registered sale deed dated 4-7-1972. They also claim to be purchasers of plot No. 26 by a registered sale deed dated 8-6-1965.