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1970 Supreme(Pat) 10

K.ABRAHAM
JUGESHWAR SINGH – Appellant
Versus
BALDEO SINGH – Respondent


Advocates Appeared:
Mr. Rama Pratap Singh for the petitioner and Mr. Suresh Chandra Prasad for the Opp. Party.

RESOLUTION

This is a petition in revision against the order 'dated 13-7-1969 of the learned Commissioner, Patna Division upholding the order dated 3-3-1969 of the learned Collector, Shahabad, who had also upheld the order dated' 14-8-1968 of the learned Sub-divisional Officer, Arrah rejecting the application for pre-emption in respect of plots nos. 1719, 1723, 1730- and 1738 in village Farhangpur filed by petitioner Jugeshwar Singh and by Ramjanam Singh, father of O. P. No.2 Ramsurat Singh. The revision petition has been filed only by Jugeshwar Singh and not by Ram Surat Singh, son of Ramjanam Singh the original applicant, who had died during the pendency of the case and in whose place Ram Surat Singh was substituted. The present revision petition therefore deals only with the claim of petitioner - Jugeshwar Singh for preemption.

2. As has been held by the Board in several cases, the Commissioner is not empowered with revisional powers in respect of cases under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, as Section 32 of the Act vests the Board alone with revisional powers.

3. The lower courts have accepted the contention of the opposite part




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