VIDYA PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellant, learned counsel for respondent no. 5, the writ petitioner and also learned counsel appearing for the State.

(2.) BY order dated 7.1.2009 the learned Single Judge has rejected the review application mainly on the ground that the writ petitioner, who purchased the land under pre-emption, has already constructed his house on that land 25 years ago and further on the ground that according to well-established law, pre-emption is a weak right.

(3.) IN our view, the real issue is not whether there is actually a house over the land but the intention of the purchaser as available from the sale deed. The sale deed shows that the land though recorded as agricultural land in the survey records, has been described in the sale deed as a land meant for construction of house. The wordings are in local language and the meaning has been given correctly by the appellate authority which has also recorded its finding after local inspection that the land is suitable for constructing homestead. While allowing the writ petition by judgment and order dated 15.5.2007, the writ court was impressed by such intention expressed at the time of purchase itself in the sale deed and thereafter reliance was placed upon the judgment of this Court in the case of Urmila Devi vs. The State of Bihar & Ors., 1998(1) PLJR 758 for holding that when the land in question is not agricultural land and is held for residential purposes, as stated in the registered sale deed, the provisions of Section 16(3) of the Ceiling Act relating to pre-emption will not be applicable.