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2004 Supreme(Pat) 750

S.K.KATRIAR
Punyadeo Sharma – Appellant
Versus
Additional Member, Board Of Revenue – Respondent


Judgment

S.K.Katriar, J.

1. The purchasers are the petitioners with respect to proceedings under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Areas and Acquisition of Surplus Land) Act (hereinafter referred to as the Act). The writ petitions are directed against a common order dated 3.2.2000 (Annexure 3), passed by the learned Additional Member, Board of Revenue, whereby he has allowed the four revision applications preferred by the pre-emptors, has set aside the order of the learned appellate authority, and has restored that of the learned first authority. In other words, the learned first authority had allowed the applications for pre-emption.

2. It is with respect to the purchase of a portion of plot No. 721 by four different documents by three full brothers in the manner indicated hereinafter, and the claim of pre-emption has been raised by the same person whose heirs are respondent Nos. 4 to 6 herein. The sketch map provided by the learned counsel for the petitioners as part of note of submissions, and not denied by the pre-emptors, is reproduced hereinbelow :

3. It relates to one block of land bearing plot No. 721. The three brothers (Punyadeo Sharma, Prithvila











































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