SIYA DEVI Vs. ADDL MEMBER BOARD OF REVENUE

JUDGEMENT

(1.) THIS writ petition arises from a pre -emption proceeding under Section 16(3) of the Bihar Land Ceiling Act.

(2.) THE petitioner is the pre -emptor and the claim of pre -emption relates to a sale made in the year 1975.

(3.) THE subject matter of dispute is a piece of land 1 Katha 10 dhurs in area that forms part of R.S. Plot No. 1338 with a much larger area, situated at Village Saidpur Zahid, P.S. Tajpur in the district of Samastipur. The admitted position is that R.S. Plot No. 1338 is made by the Cadestral Survey Plot Nos. 870 and 871. It is also not in dispute that in the cadestral survey records and the revisional survey record of rights the plot(s) in question were/ was recorded in the name of the ancestor of the two brothers Dhanraj Rai and Gaya Rai sons of Bodhan Rai. It is also admitted that during the consolidation operation plot No. 1338 was /jointly recorded in the names of Dhanraj Rai and Gaya Rai.