DHANPATO DEVI KUER Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants, in the present Letters Patent Appeal, are vendees or purchasers of certain piece and parcel of land against which pre-emption was sought by the private respondent Nos. 5 to 11.

(2.) The case arose when an application under Section 16(3) of the Bihar (Land Fixation of Ceiling Area and Acquisition of Surplus) Act, 1961 (in short 'the Ceiling Act') was filed by the private respondents before the Sub-Divisional Officer, Siwan. The Sub-Divisional Officer allowed the pre-emption. When appeal was preferred by the purchasers, i.e., the appellants before the Collector, the Collector allowed the appeal and rejected the pre-emption application. Matter travelled in revision before the Board of Revenue and this time, the pre-emptors succeeded as their application was allowed in their favour. The order of the Member of Board of Revenue became the subject matter of challenge before the writ Court.

(3.) Since the learned Single Judge upheld the decision of the Board of Revenue, which, in effect, allowed the pre-emption, this intra-Court appeal has been preferred against the order dated 101.2014.