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1985 Supreme(Pat) 30

S.S.SANDHAWALIA, S.K.CHOUDHURI
Priyambada Devi – Appellant
Versus
Additional Member, Board of Revenue Bihar, Patna – Respondent


Advocates Appeared:
For the Petitioners: Mrs. Gyan Sudha Mishra and Mrs. Mridula Mishra.
For the Respondents: None.

JUDGMENT :

S. K. Choudhuri, J.-This writ application has been filed under Articles 226 and 227 of the Constitution of India challenging the ORDER :s contained in Annexures, 1, 2 and 3.

Annexure-1 is the ORDER :of the Land Reforms Deputy Collector, Bhagalpur (respondent no. 3) dated 19th June, 1976 allowing the application for pre-emption filed under Section 16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area & Acquisition of Surplus Land) Act, 1956- (hereinafter called 'the Act'); Annexure-2 is the appellate ORDER :dated 18.4.1978 passed by the Additional Collector, Bhagalpur (respondent no. 2) dismissing the appeal filed by the petitioners and Annexure-3 is the ORDER :of the Additional Member Board of Revenue dated 11.4.1979 dismissing the revision application. Hence, the present writ application has been filed.

2. For proper appreciation of the points raised in this writ application, it is necessary to state here the relevant facts.

Petitioner no. 1 purchased 00.13 decimals of land appertaining to old khata no. 232, khesra no. 509 (new khata no. 1013. plot no. 844) of village Gobrain, police-station Shahkund district Bhagalpur under a sale-deed executed on 19th June, 1974 and













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