SARDA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH these writ petitions under Articles 226 and 227 of the Constitution of India, raise common question, therefore, upon joint request, they are heard together and are being disposed of by this common judgment.

(2.) THE first writ petition, being CWJC No. 566 of 1989, raises the challenge against the order, dated 22.12.1987, recorded by the Additional Member, Board of Revenue, Bihar, in Case No. 336 of 1985, whereby, the order of the Additional Collector, MuzaffarPLJR, dated 29.8.1985, in Appeal No. 49/9 of 1983 -84, as well as, the order of the Deputy Collector, Land Reforms, West MuzaffarPLJR, dated 14.1.1984 in Case Nos. 5, 6, 7 of 1983, came to be confirmed.

(3.) THE disputed land in the first writ petition is relating to transfer of 11 decimals of land from S.R No. 918 by Champa Devi in the name of Ram Ballam Sah, by registered sale deed, which came to be registered on 11.1.1983. Ram Ballam Sah, PLJRchaser of the property gifted his part of the land to his sister, petitioner Sharda Devi, on 1.2.1983. Thereafter, an application for pre -emption under Sec. 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 ("Act of 1961"), in respect of the said disputed land, claiming to be the raiyat, was filed by respondent no. 5, on 28.2.1983, which was challenged by the petitioner on the basis of the gift deed contending that once a valid gift is executed, prior to the filing of the pre -emption application, under sec. 16(3) of the Act of 1961, the claim for pre -emption is not maintainable. It is further the case of the petitioner that claim of pre -emption can be defeated by a valid bona fide deed of the original transferee, prior to the filing of application for pre -emption.