SIYAWATI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the petitioner, counsel for respondent no. 5 and the counsel appearing for the State.

(2.) The petitioner is the purchaser and has filed this application for quashing the orders dated 21.11.2000 (Annexure-1), order dated 20.10.1998 (Annexure-2) and order dated 3.1.1997 (Annexure-3) whereby the application filed by respondent no. 5 under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, has been upheld by the D.C.L.R. the Additional Collector and Additional Member Board of Revenue.

(3.) Petitioner purchased 0.03 decimal of land of Khata No. 300 Plot No. 742 situated in village Chitarbigha in the district of Nalanda from Sharda Devi, (respondent no. 7). The sale deed was executed on 27.4.1993 and its registration was complete on 17.11.1995. Much after expiry of the statutory period of 90 days, the respondent no. 5 filed an application under section 16(3) of the Act on 26.2.1996. Certified copy of the sale deed and the Chalan showing payment of consideration money was obtained on 27.4.1993. From the order-sheets of Ceiling Case No. 11 of 1995-96 it transpires that on 26.2.1996 the case was registered and the Chalan with L.C. Form 13 was deposited on 28.2.1996. It is also apparent that the application was filed without there being any limitation application for condoning the delay and without impleading transferor as party which is essential for filing an application under section 16(3) of the Act.