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1997 Supreme(Pat) 316

AFTAB ALAM
Sushil Kumar Chaudhary – Appellant
Versus
State Of Bihar – Respondent


Judgment

Aftab Alam, J.

1. These two writ petitions arise from a pre-emption proceeding unde? Sec. 16 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act. These two cases has been heard together and are being disposed of by this common order.

2. Sushil Kumar Choudhary and Sunil Kumar Choudhary the two brothers (petitioners in CWJC No. 3340/95) purchased from a certain Bhairab Prasad Kumar (Respondent No. 6 in both the cases) 69-1/2 decimals of land (fully described in paragraph 4 of CWJC No. 3340/95) under a sale deed executed on 13-6-1988. By another sale deed executed on the same date their father Bhupal Choudhary (petitioner in CWJC No. 3341/95) purchased from the same Bhairab Prasad Kumar 33-1/2 decimals of land (fully described in paragraph 4 of CWJC No. 3341/95). The registration of the two sale deeds was completed on 8-12-1988. On 2-2-.1989 a certain Rajni Kumar (Respondent No. 5 in both the writ petitions) filed two applications under Sec. 16 (3) of the Act exercising the right of pre-emption in respect of the two sales claiming to be both a co- sharer and adjacent raiyat of the vended pieces of land. Prior to the filing of the pre-emptio









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