MD ALAM Vs. ADDL MEMBER BOARD OF REVENUE

JUDGEMENT

(1.) BY this writ application under Articles 226 and 227 of the Constitution of India, challenge is against the order recorded by the Additional Member, Board of Revenue, Bihar, Patna in Case No. 375 of 1986 dated 9.11.1987, in revision, in which the order of the appellate authority came to be quashed holding that the application for pre -emption is justified.

(2.) LET there be few material facts, relevant and material, for consideration of the merits of this writ petition.

(3.) RESPONDENT No. 5 Maulana Mahboob Raja sold the questioned land out of plot No. 381 (old) to the petitioner for a consideration of Rs. 5000/ - by virtue of a sale deed dated 14.3.1984. The respondent No. 4, one Md. Musa Askari filed an application for exercise of his pre -emption right within the period of limitation before the competent authority under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land ) Act, 1961 ( (In short 'the Act of 1961') contending that he is adjoining owner and raiyat in so far as the transferred land is concerned.