ANIMA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the writ applications although filed by different petitioners but are for quashing a common order of the Additional Member, Board of Revenue, dated 31-8-1994, in Case No. 394 of 1993, whereby and whereunder he declared second transaction with respect to the land in dispute as sham and fraudulent.

(2.) Petitioner Anima Devi is the first purchaser of the land in dispute through a registered sale deed executed by Most. Shanti Kuer, wife of Ram Pukar Singh, respondent No. 7 Petitioner Ram Pravesh Singh is the second purchaser of the land in dispute through a registered sale deed executed on 9-5-1988 and registered on 27.6.1988 by Anima Devi (first purchaser).

(3.) It appears, a petition claiming pre-emption with respect to the land in dispute was filed on 18-7-1988 by respondent Lallan Singh under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area & Acquisition of Surplus Land) Act (hereinafter referred to as 'the Act') before the Deputy Collector, Land Reforms, Hajipur against Anima Devi, first purchaser. Admittedly, no pre-emption application was filed against the second purchaser namely, Ram Pravesh Singh but while pendency of the above mentioned case on 20-2-1989, an application was filed by the pre-emptors before the Deputy Collector, Land Reforms to implead Ram Pravesh Singh, the second purchaser as one of the parties to the proceeding. The learned D.C.L.R., after having heard the parties, by his order contained in Annexure 4, rejected the application on the ground that no application for pre-emption within the stipulated time was filed against the second purchaser. Therefore, simply because filing of an application in the previous proceeding, the validity of the second sale deed could not be questioned. Accordingly he While rejecting the application dated 2-3-1989, also dismissed the pre-emption application.