PUNYADEO SHARMA Vs. ADDITIONAL MEMBER BOARD OF REVENUE

JUDGEMENT

(1.) The purchasers are the petitioners with respect to proceedings under Section 16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act (hereinafter referred to as the Act). The writ petitions are directed against a common order dated 3-2-2000 (Annexure 3), passed by the learned Additional Member, Board of Revenue, whereby he has allowed the four revision applications preferred by the pre-emptors, has set aside the order of the learned appellate authority, and has restored that of the learned first authority. In other words, the learned first authority had allowed the applications for pre-emption.

(2.) It is with respect to the purchase of a portion of plot No. 721 by four different documents by three full brothers in the manner indicated hereinafter, and the claim of pre-emption has been raised by the same person whose heirs are respondent Nos. 4 to 6 herein. The sketch map provided by the learned counsel for the petitioners as part of note of submissions, and not denied by the pre-emptors, is reproduced hereinbelow:

(3.) It relates to one block of land bearing plot No. 721. The three brothers (Punyadeo Sharma, Prithvilal Sharma, and Master Sharma) who are petitioners in CWJC No. 5018 of 2000, jointly purchased the portion towards the north of plot No. 721 (marked A) by a registered deed of absolute sale executed on 9-2-90, and was registered on 7-1-92. The pre-emptors filed an application under Section 16 (3) of the Act on 31-3-92, claiming pre-emption with respect to the same on the strength of being an adjoining raiyat, which was registered as Pre-emption Case No. 315/91-92, and was allowed by acommon order dt. 29-9-92 (Annexure 1), (along with the three analogous pre-emption applications discussed hereinbelow), passed by the learned Deputy Collector Land Reforms, Siwan. The three brothers (the purchasers) preferred Appeal No. 317/92-93 which was allowed by common order dt. 5-7-98 (Annexure 2), passed by the learned Collector of the district of Siwan, and the order of the DCLR was set aside. This gave rise to Board Revision No. 161/98 at the instance of the pre-emptors which has been allowed by the impugned order, the order of the appellate authority has been set aside, and that of the learned first authority has been restored.