RAMESH KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants have preferred the two intra-court appeals aggrieved by the order dated 18.11.2016, passed by the learned Single Judge in C.W.J.C. No. 3639 of 2004 heard analogous to C.W.J.C. No. 3734 of 2004 whereby the learned Single Judge by a common order has dismissed the writ application preferred by these appellants.

(2.) The appellants had moved the learned Single Judge for setting aside the order dated 10.01.2004, passed by the Additional Member, Board of Revenue, Bihar, Patna wherein the Additional Member, Board of Revenue had set aside the order of the Additional Collector, passed in Ceiling Appeal No. 10 and 11 of 1998 and upheld the order passed by the Deputy Collector Land Reforms in Land Ceiling Case No. 22 and 23 of 197

(3.) The facts of the case is that one Harbansh Narain Singh, father of the appellant nos. 1, 2, 6, 7 and 8 had purchased 1 katha 4' dhurs in two plots by two registered sale deeds dated 20.07.1972 out of plot no. 458 pertaining to khata no. 478 situated in mauja Garkha in the district of Saran from Late Jamuna Prasad and after purchase came in peaceful physical possession and started his business. Father of private respondent nos. 5 and 6, Late Thakur Prasad filed a pre-emption application under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Ceiling Act) .