GHANSHYAM CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Madhav Roy, learned Counsel for the petitioner, Mr. S. Asgar Hussain, learned Senior Counsel for the respondent No. 5 and the learned S.C. No. 1(Ceiling) for the State.

(2.) THE petitioner seeks quashing of the order dated 31.10.2005 passed by the Additional Member, Board of Revenue in Revision Case No. 281/02 Annexure-12) by which he has set aside the order dated 11.10.2002 passed by the Collector, Muzaffarpur, in Ceiling Appeal Case No. 12 of 2001-02 (Annexure-11) and the order dated 9.11.2001 (Annexure-9) passed by the Deputy Collector Land Reforms, Muzaffarpur (West) in Ceiling Case No. 16 of 2001-02 and thereafter allowed the claim of pre-emption of respondent No. 5 and directed the D.C.L.R. to take further step for re-conveyance in accordance with law.

(3.) AGAINST the order of the Collector respondent No. 5 filed revision before the court of the Member, Board of Revenue being Revision Case No. 281/02. By order dated 31.10.2005 the Additional Member Board of Revenue allowed the revision and set aside the orders of both the courts below. The main reason given in the said order is that the Collector has wrongly relied upon the local inspection report of the D.C.L.R. when he was hearing an appeal against the order of the D.C.L.R. The Additional Member, Board of Revenue has also relied upon the entries in the khatian under which nature of larger plot of and has been shown as agricultural.