PAWAN KUMAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioners, vendees have challenged the order passed by the authorities under the Land Ceiling Act whereby and whereunder the application for pre -emption under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 preferred by the constest -ing respondent nos. 5 and 6 have been allowed and upheld by the higher authorities.

(2.) IN this case, the dispute relates to 5 kathas of lands of R.S.PIot No. 199 ap - pertaining to H.S.Khata No. 429 situated in village Sadukha, P.S.Khanpur in the district of Samastipur. The petitioners on the basis of one Bharna deed dated 26th June, 1988 got executed a sale deed on 26th January, 1990 with respect to 4 kathas of land of R.S.PIot No. 2906. Subsequently, the petitioners purchased the land in dispute from Ram Sudhir Thakur by a sale deed dated 12th February, 1989, which was registered on 27th January, 1990.

(3.) BEFORE the authorities, the petitioners took plea that they also became the adjoining raiyat to the land in dispute in pursuance of subsequent sale deed dated 26th January, 1990, which was executed prior to filing of application for pre -emption, filed on 16th April, 1990. The aforesaid stand of the petitioners were rejected by the authorities on the ground that the subsequent sale deed dated 26th January, 1990 was registered on 25th May, 1990 that is after the filing of application for pre -emption. The authorities held that the sale deed dated 26th January, 1990 was executed in favour of the petitioners to defeat the application for pre -emption.