SHAMBHU PRASAD SINGH Vs. GAUTAM PANDEY AND OTHERS

JUDGEMENT

(1.) This writ application has been filed by the petitioner for a rule of mandamus directing respondent no. 7, the Sub -divisional Officer, Siwan -cum -Collector under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, to deliver possession of the piece of land which has been sold by Mossomat Ram Kishori Devi, respondent no. 6, to Gautam Pandey, respondent no. 1, under a sale deed dated 1.5.1984, which transaction the petitioner wants to preempt under Sec. 16(3) of the Act. The petitioner filed the pre -emption application in the prescribed form within the prescribed period on. 28.8.1984 before respondent no. 7 after complying with all the formalities with a prayer for delivery of possession of the transferred land to him during the pendency of the pre -emption application. The notice of the application was issued upon the concerned opposite parties by order dated 12.10.1984, but no order was made with respect to the delivery of possession.

(2.) This application was heard in full at the admission stage itself as notice had been issued earlier to respondent no. 1, the purchaser, being the necessary contesting party, who has entered appearance, and with the consent of both the parties this application is being disposed of finally at the admission stage.

(3.) Mr. Balbhadra Prasad Singh, who appeared on behalf of the petitioner on the first day of the hearing, had invited our attention to the following provisions from Sec. 16(3) of the Act :