TRIVENI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India is directed against the order, dated 6.5.1988, (Annexure-1), passed in Revision Case No. 15 of 1986, by the Additional Member, Board of Revenue, under Sec. 32 of the Bihar Land Reforms (Fixation of Ceiling Area & Acquisition of Surplus Land) Act, 1961 ("Act of 1961"), whereby, the order, dated 9.12.1985 (Annexure-3), passed in Appeal No. 59 of 1985-86, came to be reversed restoring the order, dated 19.7.1985 (Annexure-2), passed by the Deputy Collector, Land Reforms, Jamui, in Case No. 3 of 1985-86.

(2.) Some material and relevant facts may be highlighted, at this stage, with a view to appreciating the merits and challenge against the impugned orders.

(3.) The petitioner purchased 28 decimals of land out of plot no. 2279, by registered sale deed, dated 19.3.1985, from respondent nos. 6 and 7 for a consideration of Rs. 40,000/-. The respondent no. 5. Vidya Singh, claiming to be ajoining raiyat had filed a petition under Sec. 16 (3) of the Act of 1961 before the Land Reforms Deputy Collector (Respondent no. 4) and it was registered as L.C. Case No. 3 of 1985-86. The Respondent no. 4, upon consideration of the facts and circumstances in the case of objections of the petitioner, allowed the petition for pre-emption, in terms of the provision of Sub-section (3) of Sec. 16 of the Act of 1961. This decision was rendered on 19.7.1985.