KAVILASH DEVI Vs. BHOLA NATH BAKSHI

JUDGEMENT

(1.) Heard learned counsel for the appellant, State and the writ petitioner/ respondent no.1.

(2.) Writ petitioner preferred Pre-emption application under section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 against the purchase of land by the respondent No.5/appellant herein before the Court of Deputy Collector Land Reforms, Koderma being Pre-emption Case No.03 of 2005/2006. His claim was allowed. The vendee/appellant herein unsuccessfully pursued an appeal before the Collector, Koderma being Land Ceiling Appeal No.01 of 2007/08. The original Revenue Court and the appellate authority as such decided in favour of the pre- empetor/writ petitioner. In revision the Board of Revenue vide impugned order dated 19.12.2009/29.03.2010 in Land Ceiling Revision No.08 of 2008 however, set aside the order of the inferior authority on the ground that the three brothers of writ petitioners had not made a joint application for pre-emption.

(3.) Learned writ Court, however, found the reasoning of the Board of Revenue to be erroneous and held as under :