MANAGER SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition filed under Articles 226 and 227 of the Constitution arises from the judgment and order dated 18th January 1994 passed by the Board of Revenue, Bihar in Case No. 105 of 1993. The Petitioner before this Court (hereinafter referred to as "the Transferee?) is the purchaser of the land admeasuring 1 Bigha from the land Khata No. 448, Khesra No. 1636 of village Jigna Jagarnath, Tola Takalpura, P.S. Meerganj, District-Gopalganj from the Respondent No. 7 Raghunath Rai (hereinafter referred to as "the Transferor?) under a registered sale deed dated 20th August 1991.

(2.) The lands of Khata No. 448 belonged to one Rambilash Rai, the father of the Respondent Nos. 6 and 7. On demise of the said Rambilash Rai the lands of Khata No. 448 devolved upon his four sons including the Respondent Nos. 6 and 7. One of the brothers, the Respondent No. 7-the Transferor, sold 1 Bigha of land in his occupation to the writ Petitioner-the Transferee by registered sale deed dated 20th August 1991 for a sum of Rs. 20,000/-.

(3.) Feeling aggrieved, the Respondent No. 6, Baliram Rai (hereinafter referred to as "the Preemptor?), one of the four brothers, filed Case No. 55/1991-92 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?) before the Sub Divisional Officer asserting his right of preemption. According to the preemptor, the land Khata No. 448 was the joint property of the four brothers. The preemptor had 1/4th share in the lands of Khata No. 448. Without partitioning the lands by metes and bounds, as per the oral arrangement made between the four brothers, each brother was cultivating 1 Bigha of land. He being a co-sharer had a right to re-conveyance from the Transferee. The said application was made on 20th November 1991. The amount of purchase money and a sum equal to 10% of the purchase money was deposited in the Treasury on 2nd December 1991. The said application was contested by the Transferee. According to the Transferee the application was not maintainable as it was not filed within three months as envisaged by Section 16(3) of the Act and was not made in accordance with Rule 19(1) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Rules, 1963 (hereinafter referred to as "the Rules").