NATHUNI SINGH YADAV` Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Letters Patent Appeal arises out of a proceeding under Section 16 (3) of the Bihar Land Reforms Fixation of Ceiling Area and Acquisition of Surplus Lands Act, 1961 (in short 'the Act').

(2.) RESPONDENT no. 6, Naresh Ahir, sold 0.41 acre land of plot no. 187. situate in village Banouli in the district of Rohtas to respondent no. 5 Ganga Ram. The appellants claiming to be the co -sharer of the vendor and adjacent Raiyat of the land filed an application seeking pre -emption i.e. reconveyance of the land on the same terms and conditions. The application was allowed by the Deputy Collector Land Reforms (DCLR) as well as the Additional Collector in appeal. The Board of Revenue in revision preferred by respondent no. 5 held that the transfer of the land does not come within the purview of Section 16 (3) of the Act and, accordingly, set aside the said order and rejected the claim of the appellants. The appellants preferred writ petition which has been dismissed by learned Single Judge of this Court. They have now come in Letters Patent Appeal before this Bench.

(3.) FROM perusal of the order of the Board of Revenue it would appear that the Additional Member accepted the case of the purchaser i.e. respondent no. 5, that he was a landless person, that he was a trader engaged in purchase and sale of vegetables and he had purchased the land for the purpose of constructing a residential house. In other words, he was not a "landholder" or a "Raiyat" within the meaning of the Act.