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2009 Supreme(Pat) 1083

RAVI RANJAN
Sanjay Kumar Singh Son Of sri Birendra Singh – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

1. Heard learned counsel for the petitioner and learned counsel for the State.

2. In both the civil writ applications common resolution dated 9.8.2006 of the Additional Member, Board of Revenue, Bihar, is sought to be quashed. Hence, both the writ petitions have been heard together and are being disposed of by this common order.

3. The petitioner purchased lands measuring 46 decimals of plot no. 207 appertaining to khata no. 20 by two sale deeds registered on 19.4.2003 from the respondent no. 9. Respondent Nos. 5 to 8 filed two applications under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (herein after to be referred to as "Act") claiming themselves to be the adjoining raiyats of the plot purchased on the strength of the fact that earlier to the aforesaid transaction on 29.03.2003 itself they had purchased part of the aforesaid plot no. 207 and, thus, they came into the boundary thereof. The authority at the first instance, i.e. the Deputy Collector. Land Reforms, Sasaram, dismissed the pre-emption application on the ground that though the claim of the pre-emptor of purchasing part of the same plot prior to





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