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2009 Supreme(Pat) 1502

KISHORE K.MANDAL, S.K.KATRIAR
Shital Pd. Choudhary Son Of Surya Nath Prasad Choudhary – Appellant
Versus
Usha Dalmiya Wife Of Shri Shiv Ram Dayal Dalmiya – Respondent


JUDGEMENT

S.K.Katriar and Kishore K.Mandal JJ.

1. This batch of 14 writ petitions arise out of a common order dated 7.8.91, passed by the learned Additional Member, Board of Revenue, whereby he has rejected the revision application preferred by the present petitioner. The same arise out of proceedings under Section 16(3) of the Bihar Land Ceiling Act (hereinafter referred to as the Act). In all the writ petitions, the purchasers are the petitioners, respondent nos. 1 to 4 are the same persons seeking pre-emption with respect to the land in question, and respondent nos. 5 and 6 are the vendors. CWJC No. 8888 of 1991 and CWJC No. 8889 of 1991 are at the instance of the same person, being the purchaser, and seek to dispel the right of pre-emption hitherto allowed by the consistent orders of the authorities below. We shall however draw the basic facts from CWJC No. 8888 of 1991, except by specific reference to another proceeding. It is relevant to state here that respondent no. 1 (Ram Gobind Poddar) died during the pendency of the present proceeding and has been substituted by his heirs.

2. A brief statements of facts essential for the disposal of the writ petition may be indicated. The










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