SHEODAN MISHRA SON OF RAM AWADH MISHRA Vs. BACHHI DEVI D/O LATE SATYA NARAYAN DUTTA THAKUR, W/O GORAKH TIWARY

JUDGEMENT

(1.) S .K.Katriar and Jyoti Saran JJ.

(2.) THE pre -emptor has preferred this appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna, and is aggrieved by the order dated 6.5.1999, passed by a learned Single Judge of this Court in C.W.J.C. No. 6672 of 1990 (Satyanarayan Dutta Thakur V/s. Sheodan Mishra and Others), whereby the writ petition preferred by the vendee (Respondent No. 1 herein) has been allowed, and the claim of the pre -emptor (appellant herein) for pre -emption within the meaning of Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, (hereinafter referred to as 'the Act '), has been negatived. The brief statement of facts essential for disposal of the appeal may be indicated. Respondent No. 1 herein purchased the plot of land in question by sale deed executed in his favour on 29.8.1978, and registered on 15.9.1979. The description of the land as appearing in the pleadings of the parties is as follows: 18/4/2014 Page 206 Sheoji Misha Son Of Ram Autar Mishra Versus State Of Bihar "The matter arises out of a ceiling proceeding initiated with respect to 3 kathas and 15 dhurs lands out of Plot No. 551, Khata No. 14 of Village Puraina, P.S.Bijayeepur, District - Gopalganj. Admittedly, the said lands belonged to respondent nos. 2 and 3."

(3.) THE appellant herein filed an application under Section 16(3) of the Act claiming right of pre - emption with respect to the vended plot which was registered on 15.9.1979. The petitioner 's application was allowed by order dated 1.12.1981 (Annexure -1 to the writ petition, passed by the learned Land Reform Deputy Collector, Gopalganj. Aggrieved by this order, the purchaser (Respondent No. 1 herein) preferred appeal bearing L.C.A. Case No. 58 of 1981 -82, which was allowed by order dated 1.9.1989 (Annexure -3 to the writ petition), passed by the learned Additional Collector, Gopalganj. It was now the turn of the pre -emptor to file revision application which was registered as Revision Case No. 497 of 1989 (Sheodan Mishra V/s. Satya Narain Dutta Thakur), and was allowed by order dated 28.6.1990 (Annexure -4 to the writ petition,) passed by the learned Additional Member, Board of Revenue, Bihar, Patna. Aggrieved by this order, the purchaser then preferred C.W.J.C. No. 6672 of 1990 (Satya Narain Dutta Thakur V/s. Sheodan Mishra and Others), which was allowed by the impugned order, whereby the learned Single Judge observed that the nature and character of user of the land in question has changed, has ceased to be agricultural land and now the purchaser has constructed his house thereupon. It has further been held that other persons have also constructed their houses on the adjoining plots. Hence this appeal at the instance of the pre -emptor.