SIDDIQUE ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India, whereby and whereunder, the order dated 13.08.2015, passed in Board Case No. 18 of 2010 by the Additional Member, Board of Jharkhand, Ranchi has been assailed, whereby and whereunder, the order passed by the original as well as the appellate authority, the Respondent nos. 1 and 2 respectively, who has allowed an application filed under Section 16 sub-section (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 has been reversed.

(2.) The brief facts, as per the pleading made in the writ petition, is that 20 Decimals of land in Plot No. 551 under Khata No. 7 of Mouza-Badalpur, Police Station-Tundi, District-Dhanbad had been sold by one Smt. Halima Khatoon (Respondent No. 5) in favour of Respondent Nos. 3 and 4 by executing a Sale Deed No. 5215, dated 25.09.2002, which has been objected to by the petitioner on the ground that the land in question is just adjacent to the boundary of the property situated in North Side of the land in question and, therefore, he has right to preemption, as provided under Section 16 sub-section 3 of the Act, 1961 and hence, he has got the right first to purchase the said landed property, but having not done so, he has filed an application under the provision of Section 16, sub-section 3 of the Act, 1961 before the Deputy Collector Land Reforms, Dhanbad, as being L.C. Case No. 18/2002-03, who after coming to the conclusive finding by holding therein, that the petitioner is a co-sharer and the nature of land is agricultural one, therefore, it has been held that the petitioner is having pre-emptory right and accordingly, order has been passed for transfer of the said land in favour of the petitioner.

(3.) The Respondent Nos. 3 and 4 have preferred an appeal against the order passed in L.C. Case No. 18/02-03 before the Additional Collector being L.C. Appeal No. 80 of 2003, who has also refused to differ with the finding recorded in L.C. Case No. 18/2002-03, therefore, the respondents have approached before the Member, Board of Revenue, Jharkhand, assailing the order, passed by the Deputy Collector Land Reforms as also the Additional Collector, Dhanbad and thereafter, the Member, Board of Revenue, Jharkhand vide order dated 17.07.2006, passed in a revision petition being Revision No. 31 of 2005, has set aside the order passed by the appellate authority and remitted the matter back before the Additional Collector, Dhanbad with a direction to pass a speaking order on two issues.