RAM SINGHASAN THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties. The petitioner has approached this Court under Article 226 of the Constitution of India assailing the validity and correctness of order dated 20.3.2012 (Annexure-6) passed in Ceiling Revision No. 148 of 2010 by the respondent Divisional Commissioner, Patna, whereby and whereunder he has affirmed the order dated 1.7.2010 (Annexures-3 and 3/1) passed by respondent District Collector, Bhojpur, Ara, analogously in Ceiling Appeal Nos. 1 of 2009-10 and 2 of 2009-10, reversing and setting aside the order dated 14.7.2009 (Annexures-2 and 2/1) passed by the respondent D.C.L.R., Jagdishpur (District-Bhojpur) in Ceiling Case No. 5 of 2008-2009 and 6 of 2008-2009 dismissing the claims of pre-emption made by the respondent Nos. 4 to 10 with respect to the lands purchased by the wife of the petitioner.

(2.) In order to appreciate the question of law involved in the present proceeding, and rival claims raised on behalf of the parties, relevant facts are required to be enumerated. One Mostt. Ram Daso Kuer, widow of late Ram Pravesh Thakur, executed two sale deeds dated 13.7.1994 in favour of one Kamla Devi, wife of Ram Singhasan Thakur, the present writ petitioner. By sale deed No. 10154 dated 13.7.1994 aforesaid Mostt. Ram Daso Kuer transferred 10 decimals of land of khata No. 103 appertaining to khesra No. 1419 situate at Village-Charghat, P.S.-Bihiya, District-Bhojpur. By another sale deed No. 10155 dated 13.7.1994 aforesaid Mostt. Ram Daso Kuer transferred 1534 decimals of land of khata No. 103 appertaining to khesra No. 1145 and 15% decimals of land of khesra No. 1146, total area 31 decimals of land situate at Village-Charghat P.S.-Bihia, District-Bhojpur. As stated above, both the sale deeds were executed on 13.7.1994 in favour of the aforesaid Kamla Devi and the photocopy of sale deeds have been brought on record as Annexures-1 and 1/1 respectively.

(3.) Learned counsel appearing on behalf of the petitioner submits that both the sale deeds were duly registered on 6.9.1994. Original copy of the aforesaid two sale deeds have been produced by learned counsel appearing on behalf of the petitioner for perusal of this Court, which also show that the aforesaid sale deeds were executed on 13.7.1994.