BIBI JUBEDA KHATOON Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition at the instance of the purchaser (Petitioner No. 1), as well as the oral donee i.e. the transferee (Petitioner No. 2), is directed against the resolution dated 16.8.1995, passed by the learned Additional Member, Board of Revenue, passed in purported exercise of power under Section 32 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as "the Act?), in Revision Case No. 154 of 1994 (Md. Shaheed Ansari v. Lallanjee Lal and Ors.), whereby the revision application has been dismissed, and the appellate order has been up-held. The order of the learned Land Reforms Deputy Collector, rejecting the pre-emption application at the instance of Respondent Nos. 6 and 7 herein was set aside by the learned appellate authority and the claim of pre-emption was allowed. We shall go by the description of the parties occurring in the present proceedings.

(2.) A brief statement of facts essential for the disposal of this writ petition may be indicated. Petitioner No. 1 had purchased the following plots of land situate at village Sahiyar, P.S. Simari, District-Buxar, by a registered deed of absolute sale, executed on 14.7.1987, and registered on 18.4.1991, from Respondent Nos. 8 and 9. Khata No. Khesra No. Area 257 975 33 decimals 257 977 32 decimals. We may Incidentally mention that this writ petition was dismissed against Respondent Nos. 8 and 9, the vendors, for non-compliance of the peremptory order dated 22.4.1997.

(3.) Respondent Nos. 6 and 7 filed an application under Section 16 (3) of the Act before the learned Land Reforms