JAGARNATH SAH Vs. STATE

JUDGEMENT

(1.) HEARD.

(2.) THE petitioner in both these writ applications had purchased by two sale deeds one katha of land each adjacent to Basantpur Bazar, District -Siwan. The two plots lie adjacent to the main road. Respondent No. 5, accordingly, filed two pre -emption applications as contemplated under sec. 16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, asserting his right to pre -empt the sale as made by his brother. The two applications were first dealt with by the D.C.L.R., Siwan. On request of parties he himself conducted an inspection. Though he found that the pre -emptor was carrying on agriculture operation, the land, in question, was left fallow and he also found that there was a division between the land of the pre -emptor and the land on which pre -emption was being exercised by a common path. He also found that on one side of the land, there was an Anta Chaki and on the other side a Saw Mill. He also found that the land adjacent to the Bazar. He also found that the land had been purchased for making a house, as the purchased land was too small (one katha each) for any organized agricultural activities. He thus found that the nature of the land had substantially changed and it was no more an agricultural land in its true sense. On these findings he rejected the pre -emption applications, which findings were affirmed by the Collector of the district in his order. The pre -emptor, who had appeared and had been heard then filed two revision applications before the Board of Revenue. By the impugned order the learned Additional Member of Revenue has set aside the two orders and allowed the preemption applications. It is this order that is being challenged in the two writ applications respectively.

(3.) HAVING heard the parties and with their consent this application is being disposed of at the stage of admission stage.