LAWS(PAT)-2003-4-15

RABIA KHATOON Vs. STATE OF BIHAR

Decided On April 03, 2003
RABIA KHATOON Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard Mr. Arvind Kumar Verma, counsel appearing for the petitioner and Mr. S. S. Asghar Husain, Senior Advocate appearing for contesting respondent No. 5.

(2.) This writ petition arises from a pre-emption proceeding. The petitioner before this Court is the purchaser and respondent No. 5 is the pre-emptor. The claim for pre-emption was initially allowed by the D.C.L.R. by his order, dated 17-11-1999 (Annexure 4). The petitioner's appeal and revision too were rejected by the Addl. Collector and the Board of Revenue respectively by orders, dated 18-3-2002 (Annexure-5) and 4-12-2002 (Annexure-6).

(3.) The petitioner has come to this Court challenging the aforesaid three orders and on hearing counsel for the parties, it becomes evident that this writ petition must be allowed on a short point. The sale deed with respect to the land in dispute was executed on 24-11-1998. And the petition for pre-emption was filed by respondent No. 5 on 23-8-99. But it is an admitted position that on that date the registration of the sale deed had not been completed in terms of Section 61 of the Indian Registration Act. In the writ petition, it is stated that the registration of the sale deed is yet to be completed and this statement is not denied in the counter-affidavit filed on behalf of respondent No. 5. It is, thus, evident that the claim of pre-emption was not maintainable on 23-8-99 when the petition was filed on behalf of respondent No. 5 and the orders passed on that petition are, therefore, completely without jurisdiction and illegal.