DHARAM GOPE @ DHARAM MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD .

(2.) THE petitioner has prayed for quashing the order dated 14/15.10.1996, passed by the Land Reforms Deputy Collector (respondent No. 2) in case No. 14/75 -76/13/78 -79, directing the petitioners to execute an order of pre -emption, passed 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).

(3.) LEARNED counsel for the petitioner further submitted that the respondent No. 2 has passed the impugned order purportedly on the basis of Section 16(3)(ii) which provides that on deposit of purchase money, the person claiming pre -emption shall be entitled to be put in possession of the land irrespective of the fact that the application under Clause (i) is pending for decision. Learned counsel for the petitioner relied on a Division Bench Judgment of this Court, reported in 1986 PLJR 306 (Shambhu Prasad Singh v. Gautam Pandey and Ors.), and submitted that the said provision is only directory and not mandatory. Learned counsel, therefore, submitted that the impugned order is liable to be set aside on this score also.