JAGDISH MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for petitioners and the learned counsel for the State. There is no representation on behalf of the private respondent, despite name of learned counsel appearing in the daily cause list.

(2.) Petitioners have sought quashing of Annexures -8 and 9 which are orders passed by the appellate authority as well as by the Member, Board of Revenue. The proceeding was initiated under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. He has sought for a further direction from the Court not to disturb the possession of petitioners or the order contained in Annexure -6 by virtue of which right of pre -emption in favour of petitioners were allowed and compulsory registration of the land in question was made and possession given.

(3.) THE short submission of the petitioners are that they are in peaceful physical possession of the land in question since 23.3.1980 by virtue of registered deed of transfer on the basis of the order of the Deputy Collector. Land Reforms, Barh.