LAWS(PAT)-1993-7-5

RAMNARESHSHARMA Vs. VIJAY SBARMA

Decided On July 07, 1993
RAM NARESH SHARMA Appellant
V/S
VIJAY SBARMA Respondents

JUDGEMENT

(1.) Both these writ applications are directed against the order dated 7-9-1991 passed by the Additional Member Board of Revenue, Bihar Patna (Respondent No. 6) in Board Revision Case No. 351 of 1990 and also in Board Revision case No. 352 of 1990 as contained in Annexure-4 to both the writ applications whereby and whereunder he affirmed the order dated 2-4-1990 passed by the Collector, (Respondent No. 5) In L.A. Appeal No. 1 of 1989-90 and L C. Appeal No. 2 of 1989-90 arising out of the order dated 24-4-1989 passed by the Sub-divisional Officer. Jehanabad in L.C Case No. 1 of 1988-89 and in L C. Case No. 2 of 1988-89 whereby the petitioners' application under Section 16 (3) of the Bihar Land Reforms (Fixation of Ceiling Arra and Acquisition of Surplus Land Act) 1961 (hereinafter referred to as the said Act) was dismissed.

(2.) The subject matter of the application for pre-emption was plot No. 701 appertaining to Khata No. 441 situate at village Sewati, P. S. Makhadumpur District, Jehanabad. The laid plot measures about 5 acres of land.

(3.) By reason of a deed of sale dated 10-7-1987 the respondent No. 3 sold 0 30 acres of land for a sum of 20,000/- in favour of the respondent Nos. 1 and 2 of CWJC No. 8860/91. In the said deed of sale the petitioner has been shown to be holding land on the western side of the vended plot of land.