MOHAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against the resolution dated 10-5-1991 passed by the Member, Board of Revenue in case No. 448 of 1990, as contained in Annexure-3 to the writ application, whereby and whereunder, he set aside the orders dated 27-6-1990 passed by the Collector (respondent No. 3) as also the order dated 22-9-1989 passed by the Deputy Collector, Land Reforms (respondent No. 4) in terms whereof an application for pre-emption filed on behalf of the petitioners was rejected.

(2.) The fact of the matter lies in a very narrow compass.

(3.) The petitioners purchased the lands in question by reason of registered deed of sale dated 15-6-1981. The respondent No. 5 (preemptory) filed an application for pre-emption in terms of S. 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land Act, 1961 (hereinafter referred to as 'the Act) claiming himself to be an adjoining raiyat. The petitioners also claimed themselves to be the adjoining raiyats as according to them, in terms of three deeds of sale dated 28-10-1977, 2-9-1977 and 16-8-1979, they had purchased the adjoining lands. The petitioners further contended that they had been possessing the lands in questions as Bataidars for a long time. The plea put forward by the petitioners found favour with respondents 3 and 4. However, the Member, Board of Revenue by reason of the impugned order held that in view of the fact that in the deed of sale dated 15-6-1981, the petitioners have not been shown to be holding any land on the boundaries of the vended land, their plea of being the adjoining raiyats cannot be accepted.