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2011 Supreme(Pat) 1059

KISHORE K.MANDAL
Most. Jagwa Devi W/o Late rameshwar Rai & Ors. – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

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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