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1993 Supreme(Pat) 27

S.R.SINHA, R.M.PRASAD
Ram Paras Choudhary – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: M/s. S. S. Dwivedi, Ramjee Prasad, Vijay Kumar Sinha No. 1, Panditjee Pandey & Prakash Chandra Gupta.
For the State : Mr. R. C. Ram, S. C. VIII.

JUDGMENT :

Radha Malian Prasad, J. - This application is directed against an order dated 25.2.1992 passed by the Additional Member, Board of Revenue, Bihar, in Case No. 4 of 1991, as contained in Annexure 3 to the writ petition, whereby the order dated 16.11.1989 passed by the L.R.D.C. and the order of the Collector, Vaishali, as the appellate authority, allowing the application of the petitioner claiming right of pre-emption under section l6(iii) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of surplus Land) Act, 1961 (hereinafter referred to as the Act') in respect of the lands bearing Khata No. 163 Khesra No. 454, Khata No. 493 Khesra No. 364/1221 and Khata No. 154 Khesra No. 650 comprising an area of .20, .03/4 and 011/2 decimal respectively situated in village Sahdullapur Satan, in the district of Vaishali have been set aside.

2. The short facts of this case arc that the lands in question originally belonged to Most. Parmeshwari Devi (respondent no. 5), who executed the sale decd in favour of respondent no. 6 on 23.11.1987 for a sum of Rs. 10,000/-. The document with respect to the said sale was registered on 2.6.1989. In the meantime, because of non-paymen









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