SHANTI DEVI Vs. BIHAR STATE ELECTICITY BOARD

JUDGEMENT

(1.) Petitioner before this Court is subsequent transferee of the land covered by subject sale deed by way of a deed of gift executed in her favour by the purchaser prior to institution of proceeding under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (for short "the Act"). She raises a grievance with respect to the resolution dated 30.9.2005 (Annexure-1) passed by Respondent Board of Revenue in Case No. 126 of 2002 whereby the revision preferred by pre-emptor/Respondent No. 2 was allowed.

(2.) Background facts, in nutshell, are as under:

(3.) Learned Counsel for the Petitioner, drawing attention of the Court to the provisions contained in Sections 16(1) and 18 of the Act, submits that No. claim of preemption would lie in respect of conveyance by registered instrument donating the land. He relies on a Division Bench judgment of this Court rendered in the case of Smt. Priyambada Devi v. Additional Member since,1985 PLJR 662. It is next submitted that the issue as to whether the deed of gift was sham, farzi and/or inoperative could not have been gone into by the authorities/Courts under the Act in view of the fact that there is/was No. pleading to that effect made or taken by the pre-emptor before the Respondent-D.C.L.R. It is submitted that although on an application preferred by writ Petitioner, she was allowed to intervene in the proceeding but No. rejoinder thereto was filed claiming the said deed as farzi, sham and/or inoperative. Learned Counsel, referring to the original application preferred by the pre-emptor (Annexure-2) submits that in the said application also, No. such claim/issue was pleaded/raised.