RAGHUNATH RAM © RAGHUBIR RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been preferred by the petitioner against the order dated 12th January, 2001 passed in Land Ceiling Appeal No. 10.18/1993 -94, whereby and whereunder, the Addl. Collector, Giridih, white allowed the appeal in favour of the 5th respondent (Rukwa Devi), set aside the original order dated 2nd August, 1993 as was passed by the Land Reforms Deputy Collector, Giridih in Land Ceiling Casa No. 2/93.

(2.) THE present case relates to pre -emption. The 5th respondent (Rukwa Devi), being preemptor, filed an application under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act. The petitioner is stated to be the purchaser. The application for pre -emption under Section 16(3) Of the Act was preferred in respect of land measuring 0.13 Acres out of plot No. 150 of khata No. 21, situated at village Kadmatol, P.S. Bengabad, District -Giridih. Claiming herself to be the adjoining raiyat, (5th respondent) claimed her right of pre -emption over the purchaser, who was alleged not to be an adjoining raiyat. The case was registered as Land Ceiling Case No. 2 of 1993/9 of 1993 -94. The petitioner appeared in the said case and objected the petition on the ground of maintainability, as neither the transferor was impleaded as party nor the person in whose favour the land was subsequently transferred, was impleaded as party -respondent in the said case. Accepting the plea of petitioner, the Deputy Collector, Land Reforms, Giridih dismissed the petition preferred by 5th respondent by order dated 2nd August, 1993 which was also affirmed by the appellate authority vide order doted 26th September, 1996 passed in Land Ceiling Appeal No. 13 of 1995 -96.

(3.) ONE Mohi Kumhar was the raiyat of land measuring 0.26 acre out of khata No. 21, plot No. 150, who transferred 50 per cent of the land i.e. 0.13 acre each in favour of his two daughter -in -laws, namely, Most Bhagia Devi (7th respondent herein) and Rukwa Devi (5th respondent -pre -emptor). Most. Bhagia Devi (7th respondent) transferred 0.13 Acre of her share in favour of the petitioner for a consideration of Rs. 45,000/ - by sale deed dated 7th November, 1989, which was registered on 8th September, 1992. But in the meantime, the petitioner transferred the land in favour of one Dashrath Pandit (6th respondent herein) by registered sale deed dated 21st August, 1991.