HIRA LAL MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Writ Petition has been filed under Article 227 of the Constitution of India for quashing the order dtd. 19/12/2006 (Annexure-4) passed by the Member, Board of Revenue, Jharkhand, Ranchi in Revision No.35/ 2006 affirming the order(s) passed in L.C. Appeal No.58 /2003 and L.C. Case No.6 of 2003-04.

(2.) Petitioner claims to be co-sharer of the adjacent raiyat on the basis of right of pre-emption under Sec. 16(3)(1) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 which was made with respect to 58 decimals of land appertaining to Plot No.52 under Khata No.19, Mouza Bhikrajpur within Baliapur Police Station which was sold by original Respondent No.7 [Smt. Annadbala Dasi] to Respondent Nos.5 and 6 vide Sale Deed Nos.1108 and 1109 executed on 19/2/2003.

(3.) The right or pre-emption was denied by the Land Reforms Deputy Commissioner, Dhanbad, vide order dtd. 28/10/2003 (Annexure-2) inter-alia on the following grounds :-