KURBAN MIYAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for setting aside the order dtd. 16/12/2022 (Annexure-9 to the writ petition) passed by the Member, Board of Revenue, Jharkhand, Ranchi in Revision Case No. 16 of 2021 whereby the order dtd. 10/6/2015 passed by the Additional Collector, Palamau (respondent no. 4) in Land Ceiling Appeal No. XV/01/2014-15 has been set aside and the order dtd. 8/4/2013 passed by the Land Reforms Deputy Collector, Sadar, Medininagar, Palamau has been affirmed.

(2.) Learned counsel for the petitioner submits that the respondent no. 3- Mosomat Anhachhiya transferred the land appertaining to Khata no. 13, Plot no. 2817, situated at village - Kauriya, Tola - Teliyabandh, P.S - Sadar Medininagar, District- Palamau measuring an area of 0.04 acre to the respondent no. 2- Ajim Ansari, vide sale deed no. 763/741 dtd. 24/1/2012 and the mutation of the said land was allowed by the Circle Officer, Sadar, Medininagar vide mutation case no. 1328/2011-12 issuing correction slip and rent receipt in favour of the respondent no. 2.

(3.) It is further submitted that the petitioner having come to know about the said transfer, filed an application being L.C. Case No. 27 of 2011-12 under Sec. 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (in short, "the Act, 1961") before the Land Reforms Deputy Collector, Sadar, Medininagar (the respondent no. 5) claiming his right of pre- emption. However, the respondent no. 5, vide order dtd. 8/4/2013 passed in Land Ceiling Case No. 27 of 2011-12, rejected the said application filed by the petitioner holding that a small parcel of land measuring an area of 0.04 acre had been purchased for residential purpose and as such, the application filed under Sec. 16(3) of the Act, 1961 was not worth consideration.