RAM NIWAS SINGH S/O LATE RAMJI SINGH Vs. STATE OF BIHAR THROUGH THE COMMISSIONER-CUM- SECRETARY, LAND REFORMS & SURVEY, PATNA

JUDGEMENT

(1.) THIS Letters Patent Appeal arises out of a dispute relating to claim for pre -emption made by respondents no. 5 and 6 (hereinafter referred to as 'the pre -emptors ') under Section 16 (3) of the Bihar Land Reforms (sic) Khata No. 199, Khesra No. 1561 (new) situated in Mauza - Kasba, Pargana -Abaipur, P.S. - Surajgarha, District -Munger now Lakhisarai, purchased by the appellants through a sale deed dated 25.11.1988.

(2.) It was registered subsequently under Sections 60. and 61 of the Indian Registration Act on 13.5.1989. Thereafter, the pre -emptors filed Ceiling Case No. 2/89 -90 on 12.9.1989. According to averments in paragraph 6 of the memorandum of appeal, the application was filed beyond the permissible period of three months of the registration of the document. A counter affidavit filed on behalf of the pre -emptors does not dispute this statement and a general defence has been taken that issues of facts need not be gone into. The defence of the appellants in the ceiling case was an assertion that they had actually purchased the land for residential purpose and had constructed a house even before the filing of the case. For verification of the factual position they made a prayer before the DCLR, Lakhisarai who held that appellants had constructed some structure over the disputed land and on that account the pre -emption application was dismissed. The pre -emptors preferred an appeal before the Additional Collector, Munger but the same was also dismissed. A revision application filed by them was partly allowed by the Board of Revenue on 4.9.1993 and the matter was remanded to the DCLR, Lakhisarai for getting local inspection made through an Advocate Commissioner and for passing fresh order thereafter. The DCLR found the report of the Advocate Commissioner to be in favour of the appellants because it supported their defence of having constructed a dwelling unit on the vended land. Accordingly, the ceiling case was again dismissed by DCLR on 24.8.1996. The appeal preferred by the pre -emptors was dismissed on 11.4.2000. They preferred Ceiling Revision No. 102/ 2000 before the Board of Revenue, Bihar, Patna which was decided by an Additional Member who allowed the revision application and held that the pre -emptors were entitled for pre -emption and to get the land registered in their name as well as delivery of possession.

(3.) THE appellants challenged the order of the Additional Member, Board of Revenue dated 10.3.2006 through writ petition bearing CWJC No. 13959/2007 which was dismissed by the order under appeal passed by the learned Single Judge on 27.2.2009.