PARMESHWAR SINGH Vs. SUKHDEO MAHTON & OTHERS

JUDGEMENT

(1.) These three writ applications have been heard together as they raise a common question for decision. The petitioner in the first two writ applications is one Parmeshwar Singh and the petitioner in the third writ application is one Kamleshwari Singh. The purchasers in all the three writ applications are different persons and the vendors are the same. In the first two writ applications the subsequent purchaser is Mehi Lal Mahto (respondent No. 2); whereas in the third writ application the subsequent purchaser is Ramkhelawan Mahto (respondent No. 6). In all these three writ applications filed under Articles 226 and 227 of the Constitutions of India, the petitioners who are the pre -emptors prayed for quashing the orders of the Land Reforms Deputy Collector, Begusarai dated 16th May 1977 contained in Annexure 3 the appellate order passed by the Additional Collector, Begusarai dated 24th November, 1978 contained in Annexure 2 and the revisional order passed by the Additional Member, Board of Revenue, dated 30th July, 1979 as contained in Annexure 1.

(2.) It will suffice to give the relevant facts of C.W.J.C. No. 2625 of 1979, as. the dates of different sale -deeds, which occasioned the filing of the three pre -emption applications by the petitioners and the date of the subsequent sale -deed are the same and the order dismissing all the three pre -emption application, is common as also the appellate order and the revisional order.

(3.) The sale -deed in question was executed on 7th May, 1975 by the vendors in favour of the purchaser and was registered on 16.6.1975. The transferee under the first sale -deed executed a second sale -deed on 2.6.1975 which was registered on 25.7.1975 in favour of the subsequent purchaser. Pre -emption application, it appears was filed on 15th September, 1975 in relation to the three sale -deeds, which gave rise to three cases. They were heard together and disposed of by a common judgment as contained in Annexure 3 aforesaid. After the filing of the aforesaid pre -emption applications the first purchaser appeared and filed his show cause stating that he has already transferred the land to the second purchaser (subsequent purchaser). According to the petitioner, he came to know for the first time about the second transfer after the first purchaser filed his show cause and, accordingly, on 25th February, 1976, the pre -emptor, namely, the writ petitioner filed an application to add the subsequent purchaser as a party to the proceeding. The pre -emption application was heard and rejected by the order (Annexure 3). Three appeals were filed by the pre -emptors before the Additional Collector, but they were all dismissed by a common order as contained in Annexure 2. Thereafter, the Additional Member, Board of Revenue also dismissed the three revision applications preferred by the pre -emptors by the common order as contained in Annexure I.