RAMAYAN SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) COUNTER affidavit filed on behalf of the purchaser Respondent No. 3 is taken on record.

(2.) HEARD learned counsel for the petitioner and the respondents. Petitioner is the pre -emptor. He has filed this writ application assailing the order dated 29.7.2006 passed by the Additional Member Board of Revenue in Case No. 301 of 2005, as contained in Annexure -6, whereunder the appellate order dated 25.10.2005 passed in Land Ceiling Appeal No. 2 of 2005, Annexure -3 allowing the pre - emption case has been set aside. Respondent No. 4 executed a sale deed dated 3.3.2004 in favour of Respondent No. 3 for 1 Katha and A 1/2 Dhurs of land bearing Plot No. 703 appertaining to Khata No. 307 of Village -Arwan Kothi.

(3.) IT is submitted on behalf of the petitioner that in the sale deed itself petitioner has been shown as a southern boundary raiyat of the vended plot as he has his house and Sahan over another portion of Plot No. 703 on the basis of which he filed the present pre -emption case. Respondent No. 3 appeared in the said pre -emption case and filed her objection stating that the pre -emption case be dismissed as she is a landless lady and has purchased the lands in -question for raising a house and nature of the vended lands has since changed from agricultural to residential/commercial.