SARO DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for issuance of writ of certiorari for quashing the order dated 09.04.2005 passed by the Member, Board of Revenue, Jharkhand in Board Case No. 19 of 2003 and also for quashing the order dated 03.02.2003 passed by the Dy. Commissioner, Palamau in L.C. Appeal No. XV 61 of 2001-02. The petitioner has also prayed for quashing of order dated 25.02.2002 passed by the Deputy Collector Land Reforms, Daltonganj in Land Ceiling Case No. 17 of 2001-02, whereby the courts below have allowed the claim of the respondent no. 5 as a preemptor under the provisions of Sec. 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961.

(2.) During the pendency of the present writ petition, respondent no. 5 (Bipat Yadav) died. An interlocutory application being I.A. No. 3503 of 2007 was filed for substitution of original respondent no. 5 by his heirs and legal representatives. The said substitution petition was allowed vide order dated 17.01.2012 and accordingly, the original respondent no. 5 was substituted by his heirs and legal representatives, whose descriptions have been given in I.A. No. 3503 of 2007.

(3.) The learned counsel for the petitioner submits that the petitioner is the purchaser of the land of Khata No. 117, Plot No. 246, measuring an area of 0.69? acres situated at Village Jhari, P.S. Patan, District-Palamau vide sale-deed no. 7020 dated 06.07.2001 from one Smt. Bachhi. The original respondent no. 5 filed an application under Sec. 16(3) of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (in short referred to as "the Act") claiming himself as the adjacent raiyat as well as the co-sharer and his claim for preemption was allowed by the DCLR, Palamau. The petitioner filed an appeal before the Deputy Commissioner, Palamau, however, the said appeal was dismissed. Subsequently, the petitioner filed a revision petition before the Member, Board of Revenue, Jharkhand, which was also dismissed vide order dated 09.04.2005. The petitioner has, therefore, challenged all the orders passed by the courts below in the present writ petition.