The court ruled that preemption claims over land classified as residential were not permissible under the Bihar Land Reforms Act, reinforcing that rights of preemption must be based on established co-sharer status.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

Notices upon respondent nos. 6 to 8 have already been effected in light of the order dated 05.03.2024 and, thereafter the matter was adjourned on several times and in spite of that respondent nos. 6 to 8 have chosen not to appear.

2. In view of that, this writ petition is being heard in absence of respondent nos. 6 to 8.

3. Heard Mr. Kundan Kumar Ambastha, learned counsel for the petitioners, Ms. Shalini Shahdeo, learned counsel for the State and Mr. Rajeev Ranjan Tiwary, learned counsel for respondent nos.5(i) to 5(vi).

4. This writ petition has been filed under Article 226 of the Constitution of India for quashing the order dated 14.02.2008/18.03.2008 passed by the Additional Collector, Land Ceiling, Hazaribagh in Land Ceiling Appeal No.14 of 2007, contained in Annexure-6 of the writ petition, by which, the Additional Collector has allowed the appeal filed by original respondent no.5 and set- aside the order dated 09.10.2007 passed by the D.C.L.R., Hazaribagh in Preemption Case No.4 of 2007-08, by which, the petition filed by the original petitioner under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Areas and Acquisition of Surplus Land) Act claiming preemption over the land was allowed. The prayer is also made for quashing the order dated 09.06.2008 contained in Annexure-7 of the writ petition passed by the Member Board of Revenue, Jharkhand in Revision Case No.25 of 2008, whereby, the revision filed by the original petitioner has been dismissed.

5. Mr. Kundan Kumar Ambastha, learned counsel for the petitioners submits that the original petitioner, namely, Matuk Ram Rajak filed an application before the L.R.D.C., Hazaribagh under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Areas and Acquisition of Surplus Land) Act claiming preemption over the lands measuring 0.3½ decimals corresponding to plot no.1088 of Khata No.159 situated at Village-Masaratu Tola, P.S. Katkamsandi, District- Hazaribagh claiming himself to be an adjoining raiyat with respect to the vended land. He further submits that the original petitioner was holding land adjoining to the lands in question i.e. plot no.1088 as he purchased the lands of the aforesaid plot vide registered sale deed dated 25.02.2004 and he also purchased the lands of plot nos.1085 and 1087 respectively by registered sale deeds dated 16.05.1969 and 28.03.1980. He then submits that the respondent nos.6 to 8 have transferred 0.3½ decimal of land out of plot no.1088 of Khata No.159 situated at Village- Masaratu Tola, P.S. Katkamsandi, District- Hazaribagh in favour of original respondent no.5, namely, Sangita Devi by registered sale deed dated 26.06.2007, contained in Annexure-2 of the writ petition. He next submits that when it has come to the knowledge of the original petitioner about the transfer of land in favour of original respondent no.5, the original petitioner filed Preemption Case No.4 of 2007-08 claiming preemption over the aforementioned lands being an adjoining raiyat holding lands over the plot nos.1088 as well as plot nos.1087 and 1085 which is the adjoining land of the aforesaid lands. He next submits that original respondent no.5 appeared in the said preemption case and filed her show-cause stating therein that the land in question is not an agricultural land and in view of that, the original petitioner is not entitled to claim preemption. He submits that after hearing both the sides and considering the materials on record, the D.C.L.R., Sadar, Hazaribagh has allowed the said preemption case vide order dated 09.10.2007 and directed original respondent no.5 to transfer the aforesaid lands in favour of the original petition