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2003 Supreme(Pat) 1091

BRAJ NANDAN PRASAD SINGH, SACHCHIDANAND JHA
Hiralal Chauhan – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. This writ petition arises from a proceeding u/s. 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (in short the Act). The purchaser of the disputed land is the petitioner. Me succeeded before the Deputy Collector, Land Reforms, who rejected the claim of pre-emption put forward on behalf of respondent No. 5 Chitari Jamadar, but lost before the appellate and the revisional authorities, namely, the Collector and the Additional Member, Board of Revenue. The aforesaid orders are contained, respectively, in Annexures 2, 3 and 4 to the writ petition.

2. The dispute relates to 0.07 acre land of plot No. 94 situate at village Jalalgarh in the district of Purnea. On 23-9-86 the petitioner purchased the said land from respondent Nos. 6 and 7 Molai Chauhan and Munri Devi, under a registered sale deed. Respondent No. 5 Chitari Jamadar (hereinafter referred to as pre-emptor) filed application u/s. 16(3) of the Act being Case No. 18 of 1987-88, seeking reconveyance of the land on the same terms and conditions as provided in the section. On 6-4-90 the DCLR, Sadar Purnea exercising powers of the Collector under the Act dismissed the app








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