BIBI RABIA KHATOON Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Birendra Kumar Mishra, Counsel for the petitioner. The State Counsel is present. No one appears for respondents 5 or 6 despite service of notice.

(2.) THIS writ petition arises from a pre-emption proceeding under Section 16(3) of the Bihar Land Ceiling Act and the petitioner before the Court is the vendor of the disputed land.

(3.) ON 26.12.1984, the petitioner executed a sale deed in favour of Atique Ahmad (respondent No. 6). On registration of the sale deed, Ozaira Khatoon (respondent No. 5) raised the claim of pre-emption, and on 14.3.1985 made an application under Section 16(3) of the Act before the Deputy Collector Land Reforms, Sherghati. In response to the notices issued to the vendor (the present petitioner) and the vendee (respondent No. 5) they took the plea that the claim of pre-emption was not maintainable as no sale had in fact taken place due to the vendee's failure to pay the consideration money.