RAM ROOP YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The dispute involved in both the writ applications is in respect of pre-emption of lands transferred by two sale deeds executed by the same respondent in favour of the petitioner The pre-emptor respondents are, however, different. As common questions of law and fact are involved in both the writ applications they were heard together and are disposed of by a common judgment.

(2.) On 16-12-1978, Mostt. Bhawani Devi-respondent 3rd party executed two sale deeds in respect of riot No. 18 and Plot No. 22 which are adjacent to each other, of village Romjapur: District Bhagalpur, in favour of the petitioner, for a consideration of Rs, 21.000/. and Rs. 20.000/- respeotively. The registration was completed on 13-1-1979. On 28-2-1979, two applications under Section 16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act (hereinafter referred to as 'the Act') were filed on behalf of respondent Nos. 5 to 7 of C. W. J. C. No. 1939 of 1980 and respondent Nos. 5 and 6 of C. W. J. C. No. 1940 of 1980, claiming the transfer of the aforesaid two plots, on the ground that they were holders of lands adjoining to the lands transferred in favour of the petitioner. Both the pre-emption applications were dismissed by the Deputy Collector Land Reforms on a finding that the petitioner having purchased two adjacent plots was himself holder of adjoining lands and as such none of the two pre-emption applications filed by two different sets of preemptors could be allowed. The pre-emptors of the two applications being aggriev ed by the orders aforesaid filed appeals before the Additional Collector, who allowed the same on the finding that as the two pre-emptors were holders of the lands adjacent to the two plots purchased by the petitioner, their right of pre-emption has to be upheld. Revisions filed on behalf of the petitioner before the Member, Board of Revenue was dismissed affirming the order of the Additional Collector. The validity of the orders passed by the Additional Collector and affirmed by the Member, Board of Revenue, has been questioned in the present two writ applications.

(3.) Sub-section (3) of Section 16 of the Act gives a statutory recognition of customary law of pre-emption with the object of consolidating the holdings. In view of aforesaid sub-section, whenever there is any transfer of land to any person other than a co-sharer or a raiyat of adjoining land, any co-sharer of the transferor or any raiyat holding land adjoining the land transferred, shall be entitled, within three mouths pf the date of registratioq of the document of the transfer, to make an application before the Collector in the prescribed manner for the transfer of the land to him on the terms and conditions contained in the said deed. On a plain reading, the right for reconveyance of the lands transferred can be exercised by a co-sharer of a holder of adjoining land, when the land has been transferred to any person other than a co-sharer or a raiyat of an adjoining land.