RUDAL SINGH Vs. ADDITIONAL MEMBER BOARD OF REVENUE

JUDGEMENT

(1.) THIS writ petition arises out of a proceeding under Sec. 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. The preemptors are the petitioners. They seek quashing of the order of the DCLR, Buxar, as well as the appellate order of the Additional Collector, Buxar and the revisional order of the Additional Member, Board of Revenue. In other words, they have lost before all the authorities below. Their claim has been rejected with a concurrent finding that they are not adjacent raiyats of all. the plots of land transferred to the transferee Sri Krishna Singh, respondent No. 4 herein.

(2.) THE subject matter of the proceeding are lands of plot Nos. 395, 469, 483. 515, 554, 577, 581 of Khata No. 227 and plot No. 134 of Khata No. 85, situate in Village Mahila in the district of Buxar. According to the petitioners, they had purchased portions of the same very plots on 21.11.78 and 1.6.81. Thus being cosharers of the land transferred as on the date of transfer viz. 25.11.81, they have got preferential rights to seek re -conveyance of the lands under Section 16(3) of the Act.

(3.) IN course of hearing of the case, no doubt, a half -hearted argument way made that the petitioners are adjacent raiyats of all the plots transferred, counsel really highlighted the petitioners claim as co -sharers of the lands by virtue of the aforesaid purchases dated 21.11.78 and 1.6.81. I am afraid, the submission is in the teeth of express provisions of Sec. 16(3).