ARJUN PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application arises from a pre-emption proceeding in terms of Section 16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act.

(2.) The lands in respect of which the claim of pre-emption is raised were sold by a certain Samardi Sharma (originally impleaded as Respondent No. 9 in this writ petition, now deceased) in favour of respondents No. 10 through a sale deed executed on 26-9-1979. The registration of the sale deed was completed on 11- 10-1979. Respondents 5 to 8 raised a claim of pre-emption and filed an application under Section 16 (3) of the Act on 24-10-1979. Two days prior to the filing of the pre-emption application respondent No. 10, the first vendee, executed as sale deed in respect of the disputed lands in favour of the present petitioner on 24-10-1979. The registration of the second sale deed in the petitioner's favour was completed on 9- 12-1979.

(3.) This writ petition has thus been filed by the second transferee against the order passed by the Board of Revenue by which the revisional authority, setting aside the order passed by the two Courts below has remitted the matter to the Court of the first instance to rehear and decide the case in the light of the directions given in the impugned order.