SAHDEO PRASAD YADAV Vs. STATE

JUDGEMENT

(1.) THIS writ petition was filed for quashing the order of the Deputy Collector, Land Reforms. Katihar (Annexure -3), whereby the pre -emption application filed under section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area & Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the 'Act ') was allowed. A prayer has also been made to quash the orders as contained in Annexures 5 and 6 whereby the order of the DCLR was confirmed.

(2.) IT appears the petitioner had purchased 1.19 acres of land in khata no. 32 appertaining to plot no.189 through a registered sale deed dated 23.10.1978 from respondent nos. 7 to 10. Respondent no.6 claiming pre -emption under section 16(3) of the Act on the basis of adjoining raiyat of the vended land, made an application before the DCLR which was allowed as noticed above.

(3.) IT appears the Additional Collector while holding inquiry of course found a jhopri over the plot constructed by the petitioner but according to him, it was an attempt to defeat the claim of respondent no.6. Therefore finally he concluded that the land was agricultural and, therefore, the application under section was allowed.