SURESH MANDAL Vs. ADDL.MEMBER BOARD OF REVENUE

JUDGEMENT

(1.) HEARD counsel for the petitioner. The State counsel is present though no one appears for private respondents 4 to 6.

(2.) THIS writ petition arises from a pre -emption proceeding under section 16(3) of the Bihar Land Ceiling Act in regard to a transaction that took place about twenty five years ago in 1983.

(3.) THE brief facts of the case may be stated as follows. On 16.1.1983 Lakho Deve respondent no. 6 executed a sale deed in favour of Chhedi Pd. Mandal (respondent no. 4) for a consideration of Rs. 5000/ -. The sale deed was registered on 4.6.1984. The petitioner then filed an application under section 16(3) of the Act depositing Rs. 5500/ - (being the consideration money plus 10%) and impleading Chhedi Pd. Mandal and Lakho Devi as opp. party. The claim of pre -emption was based on the ground that the petitioner was both an adjoining raiyat and a co -sharer in regard to the disputed land. Though the date on which the claim of pre -emption was filed before the D.C.L.R. is not stated, it is admitted that it was filed as required by law after the registration of the sale deed.