RAM EKWAL THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against the orders dated 7-7-1989 passed by the respondent No. 4, the order dated 2-1-1991 passed by the respondent No. 3 and the resolution dated 18-2-1992 passed by the respondent No. 2 as contained in Annexures 1, 2 and 3 respectively.

(2.) Shortly put the fact of the matter is as follows; - The petitioner by reason of a registered deed of sale dated 19-3-1987 purchased the lands in question from Rajendra Thakur. The said deed of sale was registered on 3-5-1988 subsequently the petitioner sold the said land to Ram Kishore Choudhary who allegedly purchased the same for construction of dwelling house by a deed of sale dated 2-41987 which was registered on 14-7-1987.

(3.) A pre-emption application was filed by the respondent No. 5 on 1-8-1988 purported to be in terms of Section 16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus La4d) Act, 1961 (hereinafter referred to as 'the Act) claiming pre-emption in relation to the aforementioned deed of sale dated 19-3-1987. In the aforementioned proceeding the petitioner raised an objection with regard to the maintainability of the proceeding in absence of Ram Kishore Choudhary who as noticed hereinbefore, was the subsequent purchaser.