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2009 Supreme(Pat) 983

RAVI RANJAN
Radhe Sharma S/o Late Jagdeo sharma – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

1. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

2. Nobody appears on behalf of the Respondents No. 4 & 5 though vakalatnama has been filed on their behalf. None appears for Respondent No. 6 despite service of notice.

3. The writ petitioner is aggrieved by the order dated 9.10.2002 passed by the Addl. Member, Board of Revenue in Revision Case No. 93/1999 (Annexure-6 herein) whereby the Revisional Court has set aside the appellate order passed by the Collector concerned upholding the order of the original authority (respondent no. 2).

4. The writ petitioner filed a preemption application under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Act) claiming to be co-sharer and boundary raiyats of the transferred lands in question, i.e. 7 Kathas and 10 Dhurs, appertaining to Plot No. 307 of Khata No. 69 of Mauza-Jhanjhara, P.S.-Parvatta, Distt. Khagaria.

5. According to the writ petitioner, the aforesaid pre-emption application was dismissed on technical ground due to certain defect in LC Form XIII and non-compliance of Rule 19 of the Bih






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