KISHORE K.MANDAL
Most. Jagwa Devi W/o Late rameshwar Rai & Ors. – Appellant
Versus
State Of Bihar – Respondent
1. Petitioners herein are the purchasers of small tract of land which became subject matter of claim under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area & Acquisition of Surplus Land) Act, 1961 (for short the Act) by respondent nos. 6 to 8, who claimed themselves adjoining raiyat(s) of the vended land/ plot(s). Impugned in the present writ petition is the resolution dated 20.1.2006 (Annexure-4) passed by the respondent Board of Revenue, Bihar in case no. 221 of 2005, whereby the revision application preferred by the petitioners was rejected.
2. Background facts in a nutshell are as under: 6 dhurs of land appertaining to khata no. 260, khesra no. 1105 situated in Mouza- Mohanpur in the District of Samastipur was vended by a deed of sale (Annexure- 1) by respondent nos. 9 to 11 in favour of the writ petitioners. A preferential claim as engrafted under Section 16(3) of the Act was filed by the pre-emptors/respondent nos. 6 to 8 giving rise to L.C. Case No. 1 of 2004-05. On notice, the purchasers appeared and resisted the claim of preemption, inter alia, on the ground that the very small tract of land purchased by them was for residential purposes and the s
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