RAM DEO SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application the petitioner has prayed for issuance of an appropriate writ for quashing the order dated 29th November 1995 passed by the learned Additional Member, Board of Revenue, in Case No. 96 of 1995 by which he has allowed the revision-application filed by the respondent 2nd set and set aside the order dated 2nd May 1995 of the learned Collector, Begusarai, in Ceiling Appeal No. 1 of 1993 as well as the order of the learned Sub-Divisional Officer dated 28th December 1992 passed in Pre-emption Case No. 22 of 1982-83 by which both the courts below rejected the pre-emption application filed by the respondent 2nd set.

(2.) The facts of the case lie in a very narrow compass. The petitioner Ramdeo Sharma purchased 1 katha 8 dhurs of land from Nageshwar Singh through registered sale-deed dated 12th May 1982. Another sale-deed was executed in favour of Rajo Sharma, Arun Sharma and Pradeep Sharma for 1 katha 7 dhurs of land. Similarly, another sale-deed was executed in favour of Ramautar Sharma in respect of 1 katha 8 dhurs of land from Nageshwar Singh. Baleshwar Sharma also purchased 2 kathas of land through a sale-deed and Babu Sharma, Arjun Sharma. Govind Sharma and Papu Sharma purchased 1 katha 7 dhurs of land through a registered sale-deed dated 30th June 1982 from Nageshwar Singh. After the said purchase, the respective purchasers came in possession of the lands and these petitioners purchased the lands for construction of their houses. It was alleged that two persons have already constructed their houses and are residing with their family members.

(3.) Petitioner's further case was that the pre-emptor/respondent 2nd set filed an application for pre-emption before the learned Deputy Collector, Land Reforms, Manjhaul under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter to be referred to as the 'said Act') by depositing Rs. 25.000/- and he filed a single application for re-conveyance of the entire lands which were admittedly purchased by the petitioners through five separate sale-deeds with separate areas. On the basis of the said application, pre-emption case No. 22 of 1982-83 was instituted and the learned Sub-Divisional Officer, after hearing the parties, by order dated 28th December 1992, rejected the pre-emption application filed by the respondent 2nd set on the ground that, although the lands were transferred through five sale-deeds, only pre-emption application was filed. A copy of the said order is Annexure-2 to the writ petition. The writ petition further discloses the facts that during the pendency of the pre-emption, appointed a Pleader Commissioner who submitted his report to the effect that the two writ petitioners, namely, Ramautar Sharma and Ramdeo Sharma were residing over the said land with their family members after constructing their houses.