LAXMAN MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY this application under Article 226 of the Constitution of India, the Petitioners, adjoining owner of the land, have sought quashment of the Order dated 21st January, 1988, passed by Respondent No. 3, Additional Member, Board of Revenue, Bihar, Patna, in Case No. 106 of 1986 under Sec.32 of the Bihar Land Reforms (Fixation of Ceiling Area & Acquisition of Surplus Land) Act, 1961 (In short: the Act), which reversed the concurrent findings of facts of the two Revenue authorities, on the ground that the Order passed in revision case is illegal and contrary to the factual findings.

(2.) THE Petitioners are purchasers of the adjoining land measuring 27 decimals of land of Revisional Survey Plot No. 3900 by virtue of registered deed on 17th July, 1984. The subject matter of litigation, which is also an agricultural property is situated near the boundary of the property purchased by the Petitioners, which came to be purchased by Respondent No. 5 by a deed on 2nd January, 1985.

(3.) BEING aggrieved by the said Order, Respondent No. 5 purchaser, preferred a revision under Sec. 32. of the Act successfully. Therefore, the concurrent findings of fact recorded by the two Revenue authorities in terms of the provisions of Sec.16(3) and Sec.30 of the Act came to be reversed in revision under Sec.32 of the Act, which is, directly and precisely, under challenge in this application under Article 226 of the Constitution of India.