BASUDEO CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The respondents 8 and 9 executed a sale deed in favour of the respondent No. 7 in respect to certain land attracting the provisions of Section 16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter, referred to as 'the Act) and the appellant and the respondents 5 and 6 filed two competing applications for pre-emption. The application of the respondents 5 and 6 was filed earlier, but the Land Reforms Deputy Collector (respondent No. 2) took cognizance of both the cases on the same day. The respondents 5 and 6 claimed preference on the ground that their application was filed before that of the appellant. The case of the appellant is that since his land adjoining the subject-matter of the sale deed is larger in area than the adjoining land of respondents 5 and 6, his application must succeed to the exclusion of the claim of respondents 5 and 6.

(2.) The appeal was heard by a Division Bench of Mr. Justice N. P. Singh and Mr Justice A. P. Sinha. Mr. Justice N. P. Singh held that the applicant who approaches the authority first should be preferred. Mr. Justice A. P. Sinha took the ing land must succeed. In view of the divergence of opinion, this appeal has been placed for further hearing, before me under the direction of the Hon'ble Chief Justice.

(3.) The respondent No. 2 before whom the pre-emption applications were filed granted the prayer of the respondents 5 and 6 on the ground of their application having been filed earlier. On appeal, the respondent No. 3 confirmed the decision. The appellant filed a revision application before the Board of Revenue and the respondent No. 4 allowed the same. The respondents 5 and 6 came to this Court in C. W. J. C. 4574 of 1978* which was heard and allowed by a learned single Judge of this Court. The present letters patent appeal is directed against his judgment.