FATIMA BIBI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The Respondent No. 5 purchased a piece of land measuring an area 1.41 acres appertaining to plot No. 2 of khata No. 1 situated at village-Bana under police station-Bishrampur, district-Palamau vide registered sale deed dated 6.8.1993 which was registered on 15.4.1997. Thereupon the Petitioner filed an application for preemption 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') before the Land Reforms Deputy Collector, Daltonganj claiming herself to be adjoining raiyat of the vended plot and therefore, prayer was made to direct the vendor to execute the sale deed in her favour with respect to land in question. The said application was dismissed on 25.11.1998 holding therein that the vended plots are in different blocks whereas pre-emptor is adjoining raiyat to only part of the vended plots situated towards southern side and as such, claim of preemption cannot be allowed. That order was challenged in appeal before the Deputy Commissioner, Palamau, vide L.C. Appeal No. XV/117 of 1998-99 which was allowed by holding that the Petitioner is the adjacent raiyat of the vended property. Accordingly, the order passed by the Land Reform Deputy Collector, Daltonganj was set aside.

(2.) The Respondent No. 5 being aggrieved with the said order preferred revision under Section 32 of the Act before the Member, Board of Revenue, Ranchi, vide L.C. Revision No. 2 of 2003. The Respondent No. 2 allowed the revision application on taking into account of the fact that disputed land is in two blocks whereas preemptor, is an adjacent raiyat to only one part of the vended plot and as such, it was held that the claim of pre-emption cannot be allowed with respect to entire vended plot. Consequently, he set aside the order passed by the Deputy Commissioner, Palamau.

(3.) Being aggrieved with that order, this writ application has been filed.