DEO NANDAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed against the order passed in Revision by the Additional Member, Board of Revenue in Saran No.1 of 1989 under Section 32 of the Ceiling Act. By the said revisional order the order of the Additional Collector, Saran in L.C. Case No.139 of 1987 dated 2.11.1988 has been upheld. It would be relevant to state here that the appellate order was passed on the petition filed by the present writ petitioner, being aggrieved by the order of the Deputy Collector Land Reforms dated 29.4.1987 in Land Ceiling Case No. 71 of 1981-82 by which the petition filed 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') has been allowed. The said application was for pre-emption with regard to an area of 13 Dhurs of lands of plot no. 932, appertaining to Khata No. 86 of VillageHakam. The said plot has been bought by the present writ petitioner for a consideration of amount of Rs. 4,0007- through a sale deed registered on 20.11.1981. The private respondent who had filed application for pre-emption had moved the Court of the Deputy Collector Land Reforms at the first instance praying for pre-emptory right on the ground of him being an adjoining raiyat and the nature of the land being agricultural and thus covered under the aforesaid Act. Upon hearing the parties, the Deputy Collector Land Reforms by his order dated 29.4.1937 allowed the application filed under Section 16(3) of the Act with a direction to the writ petitioner to reconvey the land through registered sale deed in favour of the private respondent. The said order which is a detailed one was passed after taking note of the report of the Pleader Commissioner, the Anchal Adhikari as well as the report of the Investigating Officer in the criminal case which all went to show that the land in question was used for agricultural purposes and there was no building either situated near the land or upon adjoining land. It was also mentioned in the order that from the sale deed in favour of the petitioner itself it was evident that the private respondent was an adjoining raiyat.

(2.) Being aggrieved by the order, the writ petitioner moved in appeal before the Additional Collector who also by order dated 2.11.1988 dismissed the appeal and upheld the order dated 29.4.1987 by briefly noticing the fact that the private respondent was adjoining raiyat and though the land in question was a 'Din Basgif land but the same was used only for agricultural purposes and agricultural equipments were found to prove this fact. The writ petitioner moved in revision and by order dated 12.4.1989 the revision application was also dismissed by the Additional Member, Board of Revenue. Being aggrieved by the three successive orders the present writ petition has been filed.

(3.) The challenge was basically on the ground that the character of the land ought to have been considered with reference to the categorization made in the revenue record even though they were old. However, it was also contended that the inspection done by the Pleader Commissioner was during pendency of the case and thus should not be taken into account while passing the order.