RAM PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has come up by this writ application craving to quash the appellate order dated 10-9-1984 as contained in Annexure-2 of the Additional Collector, Munger despondent No 3) passed in Land Ceiling Appeal No. 17/38 of 1983 as also the revisional order dated 18-5-1985 (as contained in Annexure-1) passed by one of the Additional Members, Board of Revenue in District Munger Revision Case No. 3 of 1985.

(2.) By a sale deed, registered on 20-8-1981, Respondent No. 1 Palak Dhari Yadav, transferred 14 decimals of land in plot No. 1395 apertaming to Khata No 3 of Village Amba, Police Station Jhajha, District Munger to Shyam Yadav (father of the petitioner and Dhanpat Yadav (respondent No. 6) mentioning 'Niz' in the northern and southern boundaries, Koril Yadav on the eastern boundary and Jhaman Yadav on western boundary of the vended land. Respondent No. 5 Lootan Yadav filed an application under 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') claiming re-conveyance of the land transferred by the aforementioned deed on the grounds that he is a raiyal owning land in the boundary of the laid transtered whereas the transferees are neither co-sharers nor are they raiyat holding lands on any of the boundary of the land transferred and that wrong boundary has been mentioned in the sale deed.

(3.) To the aforesaid application the petitioner and respondent Nos. 6 and 7 were impleaded as parties, who appeared and resisted the claim of respondent no 5 asserting that the application is liable to be rejected in view of the fact that the petitioner and respondent No. 6 themselves are raiyats owing lands towards west of the land transferred.