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1984 Supreme(Pat) 347

S.S.SANDHAWALIA, B.P.JHA
Ganesh Prasad – Appellant
Versus
State Of Bihar – Respondent


Judgment

B.P.JHA, J.

1. I shall dispose of these two writ petitions by a common judgment as they arise out of common orders.

2. In both these writ petitions, the petitioners challenge the validity of Annexures-1, 2 and 3. Annexures-1, 2 and 3 are common in both the cases.

3. These writ petitions arise out of a pre-emption application filed by Lallan Singh. In C.W.J.C. No. 72 of 1979, the petitioners are the subsequent purchasers. In C.W.J.C. No. 73 of 1979, the petitioners are the original purchasers.

4. Respondent Lallan Singh filed an application under S.16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Act) in respect of a sale deed which was executed by Shrimati Shanti Devi in favour of Ashok Kumar Singh minor son of Baijnath Singh and Madan Kumar Singh minor son of Ramadhar Singh. The sale deed was registered on 30th December, 1976. On 9th February, 1977, respondent Lallan Singh filed a pre-emption application on the ground that he is an adjoining raiyat or a co-sharer. The concurrent findings of the authorities are that Lallan Singh is a co-sharer or an adjoining raiyat of the disputed plot.

5.






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