RAJDEO MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Barin Ghosh & Anwar Ahmad, JJ. By an indenture of sale registered on 5th May, 1992, respondent no. 7 sold a piece of land, situate adjacent to the land of the appellant, to the respondent no. 6.

(2.) Sub-section (3) of Section 16 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 recognizes right of pre-emption of a boundary raiyat. The appellant, being boundary raiyat of the land so sold by the respodnent no. 7 to respondent no. 6, filed an application for pre-emption in terms of his right recognized under sub-section (3) of Section 16 of the said Act. Sub-rule (3) of Rule 19 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Rules, 1963 obliged the applicant to send a copy of the application for pre-emption simultaneously to the transferror as well as the transferee by registered post with acknowledgment due. Accordingly, while the pre-emption application was filed on 20th April, 1992, on the same date registered notice with acknowledgment due of the said application was sent to the respondents no. 6 and 7 by the appellant.

(3.) In terms of our earlier order the records of the Deputy Commissioner, Land Reforms, have been produced which show that on 25th April, 1992 the notice of preemption application as was sent by the appellant, was duly served upon the respondent no. 6 by registered post. The said record further show that on 8th May, 1992 the Deputy Collector, Land Reforms, directed issue of notice of the said preemption application upon the respondents no. 6 and 7 and on 28th May, 1992 the notice emanating from the Office of the Deputy Collector, Land Reforms, was served upon the respondent no. 6.