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1998 Supreme(Pat) 526

SUDHANSU JYOTI MUKHOPADHAYA
Pawan Kumar Rai – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: Mr. Prabhat Kumar Singh.
For the Respondents: M/s. Vishwanath Pd. Singh, Nand Kishore Singh.
For the State : M/s. B.P. Verma, M.M. Singh.

JUDGMENT

S.J. Mukhopadhaya, J.

The petitioners, vendees have challenged the order passed by the authorities under the Land Ceiling Act whereby and whereunder the application for pre-emption under Section 16(3) of the Bihar Land Reforms Fixation of Ceiling Area and Acquisition of Surplus Lands Act, 1961 preferred by the constesting respondent nos. 5 and 6 have been allowed and upheld by the higher authorities.

2. In this case, the dispute relates to 5 kathas of lands of R.S. Plot No. 199 appertaining to R.S. Khata No. 429 situated in village Sadukha, P.S. Khanpur in the district of Samastipur. The petitioners on the basis of one Bharna deed dated 26th June, 1988 got executed a sale deed on 26th January, 1990 with respect to 4 kathas of land of R.S. Plot No. 2906. Subsequently, the petitioners purchased the land in dispute from Ram Sudhir Thakur by a sale deed dated 12th February, 1989, which was registered on 27th January, 1990.

3. The respondent nos. 5 and 6 filed a joint petition for pre-emption under Section 16(3) of the Ceiling Act on 16th April, 1990 for re-conveyance of land purchased by sale deed dated 13th February, 1989, registered on 27th January, 1990, they were registered as












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