DINA NATH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition is directed against the order dated 12-1-2000 (Annexure 4), passed by the learned Additional Member, Board of Revenue, Bihar, Patna, in Revision Case No. 240 of 1997 Dinanath Prasad v. Ramagya Sah, whereby he has dismissed the revision application of the present petitioner (pre-emptor). It relates to proceeding under Section 16 (3) of the Bihar Land Ceiling Act (hereinafter referred to as 'the Act').

(2.) Original respondent No. 8 Smt. Gangorti Devi, since deceased, whose heirs are on record as respondent Nos. 8 (A) to (F) had alienated 3 khatas & 10 dhurs each, in favour of respondent Nos. 5 to 7, being portions of plot No. 354, appertaining to khata No. 25, situate at village Sayedpura, district Siwan i.e. governing a total area of 10 khatas and 10 dhurs, by three separate deeds of absolute sale executed on 12-2-1982, and registered on 19-2-1982. Respondent No. 8 had alienated 4 dhurs of the same plot in favour of Ram Lakshman Shah, executed and registered on the same dates. The present petitioner filed three separate applications under Section 16 (3) of the Act claiming preemption with respect of the lands alienated in favour of respondent Nos. 5 to 7 which were registered as Land Ceiling Case Nos. 13/82-83, 14/82-83 and 15/82-83. It is not at all necessary to go into the details of these proceedings. The matter had ultimately travelled to the High Court in CWJC No. 4584 of 1995, CWJC No. 4585 of 1995, of 1995 and CWJC No. 4586 of 1995, preferred by each of the three vendees, namely, respondent Nos. 5 to 7, which were allowed by a common judgment dated 13-2-1987 (Annexure 1), whereby the orders of the authorities below were set aside, and the matter was remitted back to the Sub-divisional Officer, Siwan, for fresh judgment in accordance with the observations made therein.

(3.) The learned SDO, Siwan, on remand allowed the three pre-emption applications by a common order dated 6-2-1089 (Annexure 2 series), whereby he, inter alia, held that the pre-emptor is an adjoining raiyat. The vendees preferred a common appeal bearing Pre-emption Appeal No. 364 of 1988-89 Ram Agya Saha v. Dina Nath Prasad, which was allowed by order dated 7-10-1987 (Annexure 3), inter alia, on the ground that the pre-emptor is not an adjoining raiyat of the vended plots and held that the land of the aforesaid Ram Lakshman Shah intervenes between the land of the pre-emptor and those of the vendees. The pre-emptor preferred Revision Case No. 240 of . 1997 before the Board of Revenue which has been dismissed by the impugned order dated 12-1-2000 (Annexure 4), passed by the learned Additional Members. Hence, this writ petition at the instance of the pre-emptor.