ARUNA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Nawal Kishore Singh, Counsel for the petitioner. No one appears for the private respondents 5-9 or respondents 10-11.

(2.) This writ petition arises from a preemption proceeding under Sec. 16(3) of the Bihar La. 1 Ceiling Act. The petitioner is the purchaser of the disputed land and the matter has come to this Court in the second round after the Court earlier set aside the orders passed by the Revenue authorities and remanded the proceeding to the Deputy Collector Land Reforms.

(3.) The subject matter of the proceeding is a piece of land, 35 decimals in area, being part of plot no. 1883 under Khata No. 295 situate in village Kadamtar, P.S.- Silao in the district of Nalanda. In regard to the disputed land, on 28.8.1972 respondent no. 10 executed a sale deed in favour of the petitioner. After its registration was completed, respondents 5-9 filed a petition under Sec. 16(3) of the Act, claiming preemption on the plea that they were holding 37.1/2 decimals of land in the same plot being adjacent to the disputed piece of land.