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2010 Supreme(Jhk) 340

D.N.PATEL
Babuni Mahto – Appellant
Versus
State of Jharkhand – Respondent


Advocates appeared:
For the Petitioner: - Mr. Sunil Kumar Sinha.
For the State : J.C. to S.C. (L&C).
For Private Respondents -: None.

JUDGMENT :

D.N. Patel, J.- The present writ petition has been preferred, challenging the order, passed by the Member, Board of Revenue, Jharkhand, Ranchi, dated 22nd January, 2008 in Revision Case No. 18 of 2007, whereby, an order, passed by the Additional Collector, Hazaribagh, dated 24th December, 2004 in Land Ceiling Appeal No. 10 of 2004, has been quashed and set aside and the order, passed by the Deputy Collector, Land Reforms, Hazaribagh, dated 5th June, 2004 in Land Ceiling Case No. 1 of 2004 has been upheld.

2. Learned counsel appearing for the petitioner submitted that the Deputy Collector, Land Reforms, Hazaribagh, has passed an order dated 5th June, 2004, upon an application, preferred by the petitioner under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area & Acquisition of Surplus Land) Act, 1961 (hereinafter to be referred as "the Act, 1961" for the sake of brevity), whereby, the petitioner was claiming a right of preemption. It is contended by the learned counsel for the petitioner that the petitioner is an adjacent raiyat and. co-sharer of the land, in question, and, therefore, the respondent cannot sell away the property to a third party, without givi



























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