MUNMA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HAVING heard learned counsel for the petitioners and respondent nos. 5 and 6 as also the Official respondents, this Court in the light of the averments made in I.A. No. 31 of 2009 would allow for impleadment of persons named in Paragraph 1 of the said application, namely, 1. Munma Devi wife of late Siya Saran Paswan, 2. Ram Prawesh Paswan, 3. Pramod Paswan and 4. Binod Paswan, as petitioner nos. 1(a), (b), (c) and (d) to this writ application.

(2.) HEARD counsel for the petitioners, counsel for the State as also counsel for private respondent nos. 5 and 6.

(3.) THE facts which would be necessary to be noticed for disposal of this application lie in a very narrow compass. The petitioners had purchased 66 dismissal of land in plot no. 132 which by virtue of sale deed dated 29.6.1986 which was registered on 25.9.1986 for a consideration of Rs. 10,000/ -. Respondent Nos. 5 and 6 being father and son claiming to be adjoining raiyat filed an application for claiming pre -emption which was allowed by the L.R.D.C, Sheikhpura by order dated 4.6.1987 holding respondent nos. 5 and 6 to be adjoining raiyat and hence eligible for pre -emption of the land in question. The petitioners being aggrieved by the aforementioned order of the L.R.D. C, Sheikhpura had filed an appeal before the Collector of the district and the same after being transferred to the Additional Collector, Munger was disposed of by order dated 16.6.1989, but while allowing the appeal he had dismissed the application for pre -emption on the ground that the petitioners were such landless persons for whom purchased land was only piece of land and as such they being in the category of landless persons, were entitled to save their land from the rigors of the pre -emption as being claimed by respondent nos. 5 and 6. The said appellate order was thereafter challenged by respondent nos. 5 and 6 before the Board of Revenue in the revision application and the Additional Member Board of Revenue by the impugned order dated 15.10.1990 has set aside the appellate order and in the process has restored the order passed by the L.R.D.C, Sheikhpura allowing pre -emption in favour of respondent nos. 5 and 6.