DHARMENDRA SINGH Vs. ADDITIONAL MEMBER BOARD

JUDGEMENT

(1.) BY this writ petition under Articles 226 and 227 of the Constitution of India, the challenge is against the order passed by the Additional Member, Board of Revenue, Patna, in Case No. 78 of 1986 upholding the order of the appellate authority of the Additional Collector, Saharsa, in CA No. 52 of 1983 -84, on the ground that the impugned orders are bad in law as the petitioner was not a party before the first revenue authority, i.e., Land Reforms Deputy Collector (LRDC), and, therefore, the subsequent orders are required to be quashed and set aside.

(2.) LET there be narration of conspectus of the factual profile giving rise to this petition. Respondent Nos. 4 to 7 claimed for pre -emption by filing a case under Sec.16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area & Acquisition of Surplus Land) Act, 1961 ("the Act of 1961") before the Deputy Collector, Land Reforms, (LRDC), Birpur, in Ceiling Case No. 9 of 1982 -83, in respect of a parcel of land having an area of 10 kathas of old plot No. 1188 corresponding to new plot No. 2696. and 2697, under old khata No. 203 of village Birpur, P.S. Chattapur, which is hereinafter to be referred to the land in question. The said application came to be rejected by order dated 15.3.1983. Copy of the order of the first revenue authority (LRDC) is placed as Annexure 1 to the petition.

(3.) THUS , Sec.16 of the Act of 1961 contained in Chapter V/s. prescribes provisions for restriction on future acquisition by transfer etc.. It could very well be visualized from the aforesaid provisions that clause (i) of Section 16(3) of the Act of 1961 stipulates that on happening of any transfer of land made after the commencement, of the Act of 1961 to any transferee, other than co -sharer or a raiyat of adjoining land, any co -sharer of the transferor or any raiyat holding land adjoining the land transferred, is competent and entitled, within three months of the date of the registration of the document of the transfer, to make an application before the Collector in prescribed manner for the transfer of the land to him on the terms and conditions in the said deed. Other pre -requisites are provided in the two provisoes.