SHOBHIT MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) AN interesting question has surfaced in this writ petition under Articles 226 and 227 of the Constitution of India challenging the legality and validity of the order - resolution dated 8.4.1988 recorded by the Additional Member, Board of Revenue, who is respondent No. 2, in Case No. 170 of 1987, dismissing the revision application of the petitioner against the order dated 20.5.1987, recorded by the Collector, Bhagalpur, who is respondent No. 3, in Ceiling Appeal No. 177 of 1982 -83, who dismissed the appeal of the petitioner against the order dated 7.2.1983 passed by the Land Reforms Deputy Collector ("LRDC"), in Land Ceiling Case No. 17 of 1982 -83, by which the application for pre -emption came to be dismissed in respect of the questioned, property.

(2.) THE petitioner is the pre -emptor who claimed pre -emption on the ground that the vendee got a registered sale deed with regard to the land adjoining to the transferred land on 23.12.1982, after filing of the pre -emption application. Respondent Nos. 5, 6 and 7 in respect of the questioned property, objected the claim of pre -emption of the petitioner on the ground that he was not adjoining owner or boundary - adjacent raiyat.

(3.) THE petitioner being aggrieved by the order of rejection of pre -emption application by LRDC, Bhagalpur, preferred an appeal being Appeal Case No. 177 of 1982 -83 unsuccessfully. This order of the LRDC came to be confirmed by the appellate authority recorded on 20.5.1987. The petitioner also lost in revision, decided by the Additional Member, Board of Revenue being Case No. 170 of 1987 on 8.4.1988. Thus, the claim for pre -emption of the disputed transferred, land in favour of respondent Nos. 5 to 7 raised by the petitioner was rejected, concurrently, by all the three revenue authorities under the Act of 1961. Hence, this writ petition under Article 226 of the Constitution of India.