MANTI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS batch of eight writ petitions at the instance of the purchasers arise out of eight applications under Section 16(3) of the Bihar Land Reforms (Fixation of Celling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as 'the Act'). The eight applications and the subsequent proceedings have at all stages been disposed of by common orders. It is rather difficult to dispose of the writ petitions by separate orders and I have, therefore, equally chosen to dispose them of by a common judgment.

(2.) THESE writ petitions are directed against the order dated 23.10.2000 (Annexure 1), passed by the learned Additional Member, Board of Revenue, Bihar, Patna, whereby he allowed the eight revision applications of the pre-emptors, set aside the appellate order dated 26.4.1990 (Annexure 4), passed by the learned Additional Collector, Saran. The learned appellate authority had allowed the eight appeals on behalf of the purchasers, set aside the order dated 9.11.1989 (Annexure 3), passed by the learned Deputy Collector Land Reforms, Sadar Chapra, whereby he had allowed the eight pre-emption applications preferred by the pre-emptors under Section 16(3) of the Act.

(3.) WHILE assailing the validity of the impugned order, learned Counsel for the petitioners submits that pre-emption is a weak right, and the purchaser can defeat the claim for pre-emption by any lawful means. He relies on the following reported judgments: (a) 2004(3) PLJR 838 Punvadeo Sharma v. The Addl. Member, Board of Revenue and Ors. (b) 2004(4) PLJR 480 Abdul Jalil v. The State of Bihar and Ors.