VIJAY KUMAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Letters Patent Appeal has been preferred by writ petitioner-appellant against order dated 13.04.2007 passed by learned Single Judge dismissing C.W.J.C. No. 12889/2000, and refusing to 2 interfere with the order of Member, Board of Revenue dated 23.11.2000 in Revision No. 317/1993.

(2.) The short relevant fact is that one Dwarik Yadav @ Dorik Yadav died in the year 1970 leaving behind his son Jagdish Prasad Yadav, respondent no. 6, through his first wife and five other sons including appellant and second wife Sanjha Devi and subsequently his heirs got the properties inherited partitioned through a compromise decree passed in Partition Suit No. 480/1973.

(3.) Respondent no. 6 transferred 1.11 decimals of land bearing Khata No. 1096 Plot No. 3495 of Mauza - Khaira, to respondent no. 5 through a sale deed no. 10123 executed on 27.12.1984 and by depositing required money within the stipulated period the appellant preferred Land Ceiling Case No. 2/1986-87 before the D.C.L.R. Araria under section 16(3) of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Act?), claiming himself to be a co-sharer of the vendor as well as person having land in boundary of the land so transferred. And in support of contention before the court concerned, the appellant produced not only village map but also some deeds of transfer in his favour besides the compromise decree.