(1.) This writ petition arises from a pre-emption proceeding under sec. 16(3) of the Bihar Land Ceiling Act. The petitioner is the purchaser and he lost before all the three authorities under the Act.
(2.) On 24.9.1981 the petitioner purchased from one Bibi Alima Khatoon (since deceased) two properties situate in two different villages, namely, village Ashraf Chak and village Rampur under P.S. Bakhtiyarpur in the district of Saharsa. Respondent No. 5 Syed Mashir Ashraf who happens to be the second cousin of the petitioner, having a common ancestor, raised the claim of pre-emption with regard to the properties transferred in the petitioner's favour on the ground that he was the adjoining raiyat of the lands conveyed by the sale deed. The respondent's application under sec. 16(3) of the Act was registered before the D.C.L.R., Saharsa as Case No. 582/18/84/5/85-86. The petitioner resisted the claim of pre-emption, inter alia, on the plea that the properties covered by the sale deed were not 'land' within the meaning of Sec. 2(f) of the Land Ceiling Act and were, therefore, not amenable to any claim of pre-emption. The D.C.L.R. called for a report from the Circle Officer, Simri Bakhtiyarpur with regard to the nature of the properties. He submitted his report, dated 4.8.1985 (a copy of which is at Annexure 3). The D.C.L.R. after hearing the parties and on a consideration of the materials on record, including the report of the Circle Officer, allowed the claim by order, dated 9.5.1986 (copy at Annexure-5).
(3.) The petitioner took the matter in appeal before the Addi. Collector, Land Ceiling, Saharsa in Case No. 10/35/1986- 87 but the Addl. Collector dismissed the appeal and affirmed the order of the D.C.L.R. by his order, dated 12.9.1986 (copy at Annexure-6).