RAM EQBAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. Heard Mr. Nagendra Kumar Singh, learned Counsel for the petitioner, Mr. Surendra Kumar Singh, learned Senior counsel appearing for respondent No. 5 and the learned JC to Standing Counsel No. 2 (Ceiling).

(2.) THE petitioner seeks quashing of the order dated 27.6.2000 (Annexure-6) passed by the Additional Member, Board of Revenue in Revision case No. 34 of 1999 dismissing the revision filed by him and for a further direction to restore the order dated 17.10.1996 of the DCLR, Gaya passed in Ceiling Case No. 6 of 1996-97.

(3.) THE petitioner filed a pre-emption application under Section 16(3) I of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act claiming to be adjoining raiyat against the respondent No. 5 who admittedly is neither an adjoining raiyat nor a co-sharer. Before the DCLR the stand taken by the purchaser respondent was that the vendor had initially offered the land for sale to the petitioner and other adjoining raiyats and only after they refused to purchase the land, she approached the respondent No. 5 and thereafter the sale had taken place. In support of the same four affidavits filed by the vendor (original respondent No. 6) and other adjoining raiyats were also filed in the Court of the DCLR.