LAWS(PAT)-1997-11-10

KAMESHWAR CHOUDHARY Vs. STATE OF BIHAR

Decided On November 27, 1997
KAMESHWAR CHOUDHARY Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) These two writ petitions have been heard together and are, therefore, disposed of by this common judgment. Kameshwar Choudhary, petitioner in C.W.J.C. No. 3777 of 1987 is husband of Bimla Devi, who is petitioner in C.W.J.C. No. 3772 of 1987. They have challenged the orders passed by the appellate as well as the revisional authorities in a proceeding under Section 16 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (for short "the Act").

(2.) Since the facts of the case are somewhat different, we shall deal with these two writ petitions separately.

(3.) In C.W.J.C. No. 3777/87, in which Kameshwar Choudhary is petitioner, the facts are that he purchased 28 Decimals of land out of R.S. Plot No. 134, Chak No. 88 by a registered sale deed dated 5-7-1982. It is not in dispute that the registration was completed on 11-10-1983. By another sale deed dated 23-2-1983 the petitioner purchased 3 Decimals of land out of R.S. Plot Nos. 130 and 135 of Chak No. 87. The land measuring 3 decimals purchased under the sale deed dated 23-2-1983 is adjacent to the land purchased by the petitioner under the sale deed dated 5-7-1982. It is also not disputed that the registration of the second sale deed was completed on 22-1-1985.