MOSSTT.CHAMELI DEVI Vs. ADDITIONAL MEMBER, BOARD REVENUE

JUDGEMENT

(1.) SINCE both these writ applications under Arts. 226 and 227 of the Constitution of India, involve common questions of law, though divergent facts to be highlighted hereinafter, upon consensus, they have been heard together, and are being disposed of by this common judgment.

(2.) WHILE in CWJC No. 7843 of 1988, challenge has been made against the order of the appellate revenue authority i.e. the Additional Collector (Respondent No. 2), passed in Ceiling Appeal No. 14 of 1984 (Annexure 3), dated 2.6.1986, confirmed by the Additional Member, Board of Revenue, dated 29.3.1988, in Revision Case No. 456 of 1986, in CWJC No. 7927 of 1988, the original petitioner, since dead, had challenged the order of all the three revenue authorities, viz. Land Reforms Deputy Collector (LRDC), Additional Collector, as well as, Additional Member, Board of Revenue, respectively, dated 17.11.1983, 2.6.1986, and 29.3.1988, passed in Land Ceiling Case No. 8 of 1983 -84, giving rise to Appeal No. 41 of 1983 -84 and Revision Case No. 455 of 1986, whereby the pre -emption application of the respondent no. 4 came to be allowed by the LRDC which was confirmed by the appellate authority, as well as, revisional authority.

(3.) UPON consideration of the facts and circumstances, the LRDC while allowed the pre -emption application in Land Ceiling Case No. 8 of 1983 -84, he rejected another case being Land Ceiling Case No. 12 of 1983 -84. The matter was thereafter carried to the appellate authority and then in revision and the matter was decided, as indicated above.