RAM BAHAL SINGH Vs. CHHOTE NARAIN SINGH

JUDGEMENT

(1.) This application under Articles 226 and 227 of the Constitution of India by Ram Bahal Singh alias Bahal Sihgh and five others is directed against an order dated 14-3-1966 (Annexure 2) passed by the Sub-Divisional Officer. Jahanabad (respondent No. 12), order dated 16-8-1967 (Annexure 3) passed by the Additional Collector (respondent No. 13), order dated 3-2-1972 (Annexure 4) passed by the Commissioner, Patna Division (respondent No. 14) and the resolution dated 18-8-1972 (An-nexure 5) of the Additional Member, Board of Revenue (respondent No. 15). In the application the petitioners have prayed for quashing of the orders and resolution as contained in those Annexures.

(2.) In order to appreciate the point involved in this application it will be necessary to state briefly the facts, Radhe Shekhar Singh (respondent No. 10) sold 5.53 acres of land, inclusive of a house, standing on plot No. 916 measuring an area of 0-4 decimal to respondent No. 8, (Dineshwar Singh) and respondent No. 9 (Muneshwar Singh) by a sale deed dated 11-9-1965, registration whereof was completed under Section 61 of the Indian Registration Act on 19-3-1966 for a consideration of Rs. 24,000/-. The aforesaid land comprised of as many as 27 plots and according to the petitioners they are raiyats and holders of adjoining land in respect of at least 16 plots as it would be evident from the sale deed itself. The name of petitioner No. 1 is mentioned in one or the other boundary of 16 plots out of 27 plots, which were the subject-matter of the said sale deed. Petitioner No. 1 is father of other petitioners. All the petitioners, as stated by them, are members of a joint Hindu Makshara family. Subsequently, the petitioners by a registered sale deed dated 14-10-1965 purchased a house appertaining to plot No. 916 from respondents 8 and 9 in the names of petitioners 2 to 6 for a consideration of Rs. 2,000/- and amalgamated the said house with their own ancestral house over plots Nos. 913, 917 and 918, which lie, according to the petitioners, partly adjacent, south of plot No. 916 and partly adjacent, east of plot No. 916. By another registered sale deed of the same date, the petitioners purchased 1 1/4 annas interest out of the remaining properties covered by the sale deed dated 11-9-1965 from respondents 8 and 9 in the name of petitioner No. 1 for a consideration of Rs. 1,719/-. The petitioners thereafter entered into possession of the subject-matter of the two sale deeds, which were executed in their favour. On 23-10-1965 there was a partition between the petitioners on the one hand and respondents 8 and 9 on the other regarding 1 1/4 annas interest in the properties and the lands comprised in various plots, mentioned in Schedule I of the report of the Circle Inspector dated 30-11-1965 (Annexure 1) fell into the exclusive share of petitioner No. 1, Bahal Singh.

(3.) On 28-10-1965 respondents 4 to 7 and Ramnandan Singh (since deceased), father of respondents 1 to 3, filed an application under Section 16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, (hereinafter referred to as 'the Act') before the Sub-Divisional Officer, (respondent No. 12) and impleaded the petitioners as parties along with respondents 8 and 9 in exercise of right of pre-emption on account of the sale deed executed by respondent No. 10 in favour of respondents 8 and 9. Respondent No. 12 took cognizance on the same date, that is, 28-10-1965, issued notice and called for a report from Anchal Adhikari, Jahanabad, who, in his turn, called for a report from the Circle Inspector and after receiving the report from him the Anchal Adhikari forwarded the report dated 30-11-1965 (Annexure 1) to respondent No. 12, who after hearing the parties, allowed the application filed by respondents 4 to 7 and father of respondents 1 to 3, under Section 16 (3) of the Act by his order dated 14-3-1966 (Annexure 2).