LAWS(PAT)-2015-5-198

BALESHWAR SAH Vs. REVENUE

Decided On May 07, 2015
Baleshwar Sah Appellant
V/S
Revenue Respondents

JUDGEMENT

(1.) This is an application seeking quashing of the order dtd. 15/3/1993 passed in Case No. 115 of 1992 by the Additional Member, Board of Revenue whereby, he has set aside the order passed by Collector, Vaishali dtd. 4/7/1991 in Ceiling Appeal No. 103/1990 whereby, the Collector had confirmed the order dtd. 13/8/1990 passed by the Deputy Collector, Land Reforms, Vaishali, Hajipur (hereinafter referred to as the DCLR) in Ceiling case No. 6/90-91 and 7/90-91. The DCLR by his two separate orders dtd. 13/8/1990 passed in Ceiling case No. 6/90-91 and 7/90-91 had allowed the claim of preemption filed by the petitioners. The Additional Member, Board of Revenue, however, for the reasons assigned in the order under challenge, held that the petitioners did not have any legitimate claim of pre-emption in the facts and circumstances of the case and, accordingly, allowed the revision application filed by respondent No. 4.

(2.) A counter affidavit has been filed on behalf of respondent No. 4. However, there is no representation on his behalf in course of hearing of the present writ application.

(3.) In the dispute arising out of a proceeding under sec. 16(3) of the Ceiling Act the petitioners are pre-emptors. From the pleadings in the writ application, it appears that one Kamal Sah had two sons, Bunni Sah and Ramuni Sah. Petitioner No. 1 of the present application is son of said Bunni Sah whereas petitioners Nos. 2 and 3 are son and grand son of said Ramuni Sah. It is their claim that admittedly, at the time when the dispute arose, they were joint.