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2004 Supreme(Pat) 25

R.S.GARG, NAGENDRA RAI
Nathuni Mahto – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Heard the counsel for the parties.

2. The purchaser in a pre-emption application filed under section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area & Acquisition of Surplus Land) Act, 1961, hereinafter to be referred to as the Act, is the appellant challenging the order passed by the learned Single Judge dismissing his writ application whereby he has challenged the order passed from the level of the original authority upto the revision authority upholding the claim of pre-emption of respondent no. 6.

3. The admitted fact is that the petitioner purchased two portions of plot, i.e., plot no. 266, appertaining to khata no. 344, one measuring 1 katha and 9 dhurs and the other one measuring katha and 10 dhurs by two separate registered sale deeds dated 3.4.1993.

4. Respondent no. 6 filed a pre-emption application with regard to two sale deeds claiming to be an adjoining raiyat of the said land. The same was allowed by the L.R.D.C. on 19.3.1999 (Annexure-4) and that order was upheld in appeal and in revision.

5. The case of the appellant is that he has purchased the land by two registered sale deeds and as such by filing the preemption application with regard to the







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