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2019 Supreme(Jhk) 592

SUJIT NARAYAN PRASAD
Siddique Ansari – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner:Mr. Dhirendra Kr. Deo, Advocate.
For the Respondent: Mr. Ashwini Bhushan, A.C. to Sr. S.C.-III.

JUDGMENT :

1. This writ petition is under Article 226 of the Constitution of India, whereby and whereunder, the order dated 13.08.2015, passed in Board Case No. 18 of 2010 by the Additional Member, Board of Jharkhand, Ranchi has been assailed, whereby and whereunder, the order passed by the original as well as the appellate authority, the Respondent nos. 1 and 2 respectively, who has allowed an application filed under Section 16 sub-section (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 has been reversed.

2. The brief facts, as per the pleading made in the writ petition, is that 20 Decimals of land in Plot No. 551 under Khata No. 7 of Mouza-Badalpur, Police Station-Tundi, District-Dhanbad had been sold by one Smt. Halima Khatoon (Respondent No. 5) in favour of Respondent Nos. 3 and 4 by executing a Sale Deed No. 5215, dated 25.09.2002, which has been objected to by the petitioner on the ground that the land in question is just adjacent to the boundary of the property situated in North Side of the land in question and, therefore, he has right to preemption, as provided under Section 16 sub-section 3 of the Act, 1961 and hence, he has

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