KAMLESHWARI PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Whether the Board of Revenue is the final Court of fact in the proceedings before it under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, has emerged to be the significant question in this appeal under Clause 10 of the Letters Patent. Equally, the significant connected question is that, if it be so, can the Writ Court enter the controversial thicket of facts and itself appraise the evidence to reverse the clear out findings of fact arrived at by the Board

(2.) The facts are not in serious dispute. Kamleshwari Prasad Yadav alias Kamleshwari Yadav, appellant, had instituted the proceedings under Sec. 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter called the 'Act') claiming to pre -empt the land sold by virtue of the registered sale deed dated 8th of September, 1976 executed by Shri Kapindra Narain Singh, respondent No. 6, in favor of Shrimati Rama Devi, respondent (since deceased). The claim was rested on being the boundary raiyat of the land transferred by virtue of the sale deed. The appellant had attached the certified copy of the sale deed as also of the chalan for the requisite deposit of Rs. 3,300/ - only being 10 per cent of the total sale amount, with his petition. In defense the case set up on behalf of the said respondent Raraa Devi was that despite the execution of the sale deed which was admitted, Kapindra Naiain Singh was her benamidar, and the transaction, in fact, was only a deed of relinquishment.

(3.) The Land Reforms Deputy Collector, by his detailed order (annexure 1 to the writ petition) considered the record, documents, affidavits, etc, before him and on an appraisal thereof concluded that the transfer was not a benami one and the transaction was one of sale and the appellant being an adjacent raiyat of the land in question was entitled to pre -empt the same.