RAMJEE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been preferred on behalf of the petitioner, namely, Ramjee Singh for quashing the order dated 07.08.2008 passed by learned Member, Board of Revenue, Bihar, Patna in Board of Revenue Revision Case No. 80 of 2006 by which and whereunder he affirmed the order dated 30.03.2006 passed by Additional Collector, Kaimur at Bhabua in Mutation Appeal No. 21 of 2004-05/ 28 of 2005-06 and also for quashing the above stated order dated 30.03.2006 passed by Additional Collector, Kaimur at Bhabua in above stated Mutation Appeal No. 21 of 2004-05/ 28 of 2005-06 by which and whereunder he set aside the order dated 06.12.2004 passed by the D.C.L.R. Mohania in Preemption Case No. 03 of 2003-04 and also for holding the order dated 06.12.2004 passed by D.C.L.R. Mohania in Preemption Case No. 03 of 2003-04 as valid and legal.

(2.) The brief facts of the present case are that respondent no. 6 filed a petition under Section 16(3) of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the "Act") before the D.C.L.R. Mohania claiming his preemptory right over 63 decimal of land of survey khata no. 8/chak khata no. 30, survey plot no. 442/chak plot no. 222. of Mauza Lakha Pati District Kaimur on the ground of being adjoining raiyat. The respondent no. 6 deposited the required amount and completed all formalities as prescribed in the law before filing the aforesaid petition. The aforesaid petition filed under Section 16(3) of the Act was rejected by the D.C.L.R. vide order dated 06.12.2004 passed in Preemption Case No. 03 of 2003-04. The aforesaid order of D.C.L.R. was challenged by respondent no. 6 before Additional Collector, Kaimur who, in his turn, set aside the order of D.C.L.R. in Preemption Appeal No. 21 of 2004-05/ 28 of 2005-06 passing impugned order dated 30.03.2006 which was challenged by the petitioner before the Board of Revenue but the learned Additional Member, Board of Revenue by impugned order dated 07.08.2008 affirmed the order of learned Additional Collector in Revision Case No. 80 of 2006.

(3.) It is undisputed fact that petitioner purchased the disputed land measuring an area of 63 decimal by registered sale deed dated 24.11.2003 from respondent no. 7. It is also an undisputed fact that total area of disputed plot was 1.14 acre and out of the aforesaid total area, 63 decimal land was only purchased by the petitioner vide registered sale deed dated 24.11.2003 and the remaining area of aforesaid plot was purchased by respondent no. 6 and two others vide registered sale deed dated 15.07.2002 from respondent no. 7 prior to purchase of petitioner. The claim of respondent no. 6 is that he being adjoining raiyat is entitled to seek right of preemption under Section 16(3) of the Act. However, the claim of the respondent no. 6 was rejected by learned D.C.L.R., Mohania on the ground that respondent no. 6 is not an adjoining raiyat of the disputed land and the nature of disputed land was commercial and, therefore, Section 16(3) of the Act was not applicable. The Additional Collector reversed the finding of D.C.L.R. holding that respondent no. 6 is adjoining raiyat of the disputed land and the nature of land was agricultural. The aforesaid finding of Additional Collector was confirmed by the learned Additional Member, Board of Revenue, Bihar, Patna.