RAMESH KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants have preferred the two intra-court appeals aggrieved by the order dtd. 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 dtd. 10/1/2004, 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 1972. LPA No.2308 of 2016 dt. 2/5/2018

(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- 1/2 dhurs in two plots by two registered sale deeds dtd. 20/7/1972 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 Sec. 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). The pre-emption was challenged by the appellants before the DCLR. Late Thakur Prasad challenged the order of the DCLR on the ground of not being given an opportunity of hearing before this Court in C.W.J.C. No. 12634 and 12636 of 1992 whereby this Court remanded the matter to the DCLR to pass a fresh order after local inspection and decide the case on merits. Since there were two sale deeds, two ceiling cases were filed, parties adduced evidences, DCLR inspected the spot and vide order dtd. 27/3/1998 passed in Land Ceiling Case No. 22 and 23 of 1972, held that the land purchased by the appellants were agricultural land and allowed the pre-emption in favour of private respondents. The appellants moved in appeal before the Additional Collector being Appeal No. 10 and 11 of 1998 whereby the Additional Collector set aside the order of the DCLR vide order dtd. 16/11/2001 by himself holding a fresh spot inspection and taking statement of witnesses and holding that the land was a commercial plot and structure was erected nearly 20- 21 years back on the said land although the land was recorded as agricultural land, Garkha Bazar was within the vicinity of half kilometer and the plot in question was surrounded by shops. The private respondents then preferred revision before the Additinoal Member, Board of Revenue, Bihar Patna in Case No. 249 and 248 of 2001. The Additional Member, Board of Revenue after taking into consideration only whether the nature of land was agricultural or non-agricultural at the time of filing of pre-emption application found that at the time of execution of sale deeds and filing of pre- emption application the land was agricultural, and, thus, allowed the pre-emption in favour of private respondents setting aside the order of the Additional Collector vide order dtd. 10/1/2004. This brought the appellants before the learned Single Judge in the two writs. The learned Single Judge also held that the issue to be decided was whether the suit property was agricultural land or non- agricultural on the date of transfer and even the sale deed and the records in the year 1972 would reveal that the land recorded was agricultural land, hence, dismissed the writ application. Hence this intra-court appeal.