CHANDRIKA SAH Vs. ADDITIONAL MEMBER BOARD

JUDGEMENT

(1.) This application arises out of a proceeding initiated under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and acquisition of Surplus Land) Act, 1961. The petitioner is the purchaser. He has purchased 10 dhurs of land appertaining to original C. S. Plot No. 1059/2519 under Khata No. 302, R. S. Plot No, 779 under Khata No. 296, for a sum of Rs. 1,500/ -, from respondents 5 and 6 in Mauza Shingaila now said to be commonly known as Motipur Bazar. Pre -emption was claimed by respondent No. 4 on the ground that he was in adjoining raiyat of the land in question, being owner of the R. S, Plot. No, 778. The petitioner resisted the claim of pre -emption on the grounds that the land in question was an urban site situated in bazar area in Motipur which was a growing town and that he had purchased it for the purpose of constructing shops. On these grounds he took the stand that the provisions of Section 16(3) of the Act were not attracted to the land in question.

(2.) The Deputy Collector, Land Reforms, Muzaffarpur West, accepted the above plea of the petitioner and by his order dated 12 -12 -1974 (Annexure 3) dismissed the case of the pre -emptor. It may, however be mentioned that the pre -emptor could not be present before the Deputy Collector and the order (Annexure 3) was passed exparte on merits. The pre -emptor challenged the said order before the Deputy Collector himself by filing an application on the ground that in his absence the Deputy Collector could only dismiss his application for default and could not decide the case on its merits. Reliance was placed on an authority of this Court in the case of Kawleshwar Singh and Anr. v. Raghubir Singh and Ors.

(3.) A counter -affidavit has been filed on behalf of the pre -emptor (respondent No. 5) wherein it has been contended that the exparte order of the Deputy Collector contained in Annexure 4 was vitiated on account of serious procedural error and, therefore, he had full jurisdiction to recall that order. With respect to the location of the land and its potentialities it has been stated that it was situated at a distance of about four miles from the Motipur Bazar area and it was surrounded on all sides by agricultural lands, save and except a road towards its north, and its description in the Khatian was 'Dhanahar'.