TAPESHWER TEWARY Vs. SANJAY KUMAR SHARMA

JUDGEMENT

(1.) This application under Articles 226 and 227 of the Constitution of India arises out of a proceeding initiated by the peti tioners 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 'Act').

(2.) The right of pre-emption was claimed by the petitioners over an area of 9 decimals of plot No. 277, Khata No. 54, situated in village Rerama, Police Station Daltonganj, in the district of Palamau. The said plot was sold by respondent No. 2 to respondent No. 1 on the basis of a saledeed executed on 3-4-1973 which was registered on 11-5-1973. Respondent no. I however, transferred the said land to Ragani Devi and Ramdheyan Singh separately by two registered sale-deeds on 12-6-1973. It was there after that on 28-6-1973 the petitioners made an application for pre-emption on the ground of their being co-sharers as well as adjoining raiyats of the plot in question, a fact which is not disputed.

(3.) The purchaser (respondent No. 1) resisted the claim of the peti tioners for pre-emption, inter alia, on the ground that in view of the trans fer of the plot in question by him under the two registered sale deeds dated 12-6-1973 that is, before the application for pre-emption was filed by the petitioners, the pre-emption application was not maintainable against him.