KAMESHWAR SINGH Vs. STATE OF BIHAR AND ORS

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) Since the learned Single Judge allowed the writ application of the private respondent Nos. 5 to 7 vide order dated 25.6.2015, the intra-Court appeal has been preferred.

(3.) The dispute arose when the private respondent Nos. 5 to 7 purchased a piece and parcel of land of 6.5 decimals through a registered sale-deed dated 20.2.1993, an application for pre-emption was filed by the present appellant. Initially, the application for pre-emption was rejected by the Deputy Collector Land Reforms, Sitamarhi, vide order dated 27.12.1993 holding that since the land in question was conveyed for construction of a house and the remaining portion for ingress and egress from the said plot, pre-emption could not be allowed. This position is also evident from the deed of sale. However, the appellate authority, Additional Collector, Sitamarhi, set aside the order of the DCLR and the said order was also upheld by the Board of Revenue.