CHARKU RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application under Articles 226 and 227 of the Constitution of India for quashing two orders; one made by DCLR, Hazaribagh (Annexure -2), upholding the right of pre -emoption of respondent Nos. 5, 6, 7 and 8 under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling, Area and Acquisition of Surplus Land) Act, 1961 hereinafter to be referred to as the 'Act', and another made by the Member, Board of Revenue, Bihar, Patna, in Revision Case No. 13 of 1990 (Annexure -4) confirming the earlier order made as per Annexure -2.

(2.) THE brief facts of the case are that on the basis of a registered sale -deed dated 23.10.1984 one Laxmi Ram respondent No. 10, purchased an area of land of 9 decimals of plot No. 44 of Khata No. 9 of village Basaria, District Hazaribagh from respondent No. 9, Jitan Bhuiyan. The consideration money paid for the land was Rs. 700/ -. On 28.1.1985 respondent Nos. 6, 7 and 8 as well as their full brother Riwa Ram who was originally impleaded as respondent No. 5 in this writ application, who have already purchased an area of 17 decimals of adjoining plot No. 55 from none else than the present writ petitioner Charkhu Ram, filed an application under the provisions of Section 16(3) of the Act for direction to respondent No. 10 to transfer to them the land purchased by him from respondent No. 10 on the ground that they happened to be the raiyats of the land adjoining to the land sold. The application was registered as Land Ceiling Case No. 20/84 -85 and notice thereof was sent to respondent No. 9 who appeared and filed his show cause (Annexure -1) on 7.9.1987. In his show cause petition, respondent No. 9 took various defences and also disclosed that he had already sold the land in question to the present writ petitioner for a sum of Rs. 2000/ - only on the basis of a registered sale -deed dated 21.11.1985. Consequently, the writ petitioner was also impleaded in the proceeding aforesaid and the notice was served on him. He also appeared before the DCLR of Hazaribagh and filed his show -cause contesting the claim of the pre -emptors, namely, respondent Nos. 5, 6, 7 and 8 on the ground that he was also a raiyat of the land adjoining to the land sold in favour of the respondent No. 10. Therefore, the claim of the pre -emptors was fit to be dismissed. After hearing the parties, the DCLR upheld the claim of the pre -emptors holding that the subsequent transfer made by respondent No. 10 in favour of the writ petitioner was intended to frustrate the claim of the pre -emptors, namely, the applicants before him. Consequently, he allowed the application. Against that order the present writ petitioner filed an appeal before the Additional Collector (Land Ceiling) of Hazaribagh which was registered as Case No. 16 of 1998 and by his order dated 14.12.89, the learned Addl. Collector, Land Ceiling, reversed the order of the DCLR. Being aggrieved by the order of the Additional Collector, Land Ceiling, the pre -emptors filed a revision before the Board of Revenue. That revision application was allowed affirming the order of the DCLR in Land Ceiling Case No. 20/84 -85 and the order of the Addl. Collector, Land Ceiling, was set aside.

(3.) THE learned counsel, appearing for the writ petitioner has contended, inter alia, that there is absolutely no bar to a transferee of a land to transfer the same to any other person during the pendency of a pre -emption proceeding. Therefore, on the basis of the transfer made by respondent No. 10 in his favour, the writ petitioner acquired a valid title to the land in question. He further contended that since the transfer in favour of the writ petitioner was made for a sum of Rs. 2000/ - and the pre -emptors had deposited only a sum of Rs. 770/ - only and not Rs. 2200/ - in terms of the proviso to Clause (i) of Sub -section (3) of Section 16 of the Act, the application was not entertain able.