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1983 Supreme(Pat) 284

SATYA BRATA SANYAL, UDAY SINHA
Gajadhar Prasad Choudhary – Appellant
Versus
State Of Bihar – Respondent


Judgment

SATYA BRATA SANYAL, J.

1. The four writ petitions have been taken up together as the points involved are common. TMs judgment will govern all of them.

2. All these writ petitions arise out of a proceeding under S.16 (3), Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter to be referred to as the Act). The petitioners, on 11-4-1971, through four separate sale deeds purchased 11 kathas 5 dhurs of C.S.Plot No. 387 (R. S.Plot No. 10007), New Khata No. 1665 of village Paroo District Muzaffarpur. The registration of the sale deeds were completed on 12-8-1971. Paroo Vyapar Mandal Sahyog Samiti Ltd. (hereinafter to be referred to as the Samiti), a marketing and credit co-operative institution, filed an application under S.16 (3) of the Act in the prescribed manner, claiming pre-emption, as being adjoining raiyat to the land transferred. The Deputy Collector I/C Land Reforms, the Additional Collector as well as the Additional Member, Board of Revenue, upheld the claim of pre-emption. The Courts below found the Samiti engaged in cultivation of land and as such raiyat within the meaning of the Act.

3. Mr. Sreenath Singh, learned counse













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