Advocates:
['R C THAKUR', 'J RAHMAN SC', '', 'BINOD KUMAR', 'ANIL KR RAI', 'AJAY- GA']

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7093 of 1995

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Urmila Devi, wife of Sri Budhi Nath Prasad Yadav, a resident of village Dandari,

P.S.- Singheshwar, District- Madhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The Additional Member, Board of Revenue, Bihar, Patna.

3. The Collector, Madhepura.

4. The Land Reforms Deputy Collector, Madhepura

5. Sri Onkar Nath Pransukhka, son of Late Sagarmal Pransukhka, resident of

village + P.S.- Singheshwar, District- Madhepura.

6. Murli Poddar, son of Late Jageshwar Poddar.

7. Smt. Acharman Devi, wife of Murli Poddar.

8. Smt. Arhul Devi, wife of Late Sita Ram Poddar.

Respondent nos. 6 to 8 are residents of village Dandari, P.S.- Singheshwar, District-

Madhepura.

.... .... Respondent/s

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Appearance :

For the Petitioner/s : Mr. R.C.THAKUR

For the Respondent/s : Mr. Pratik Sinha, A.C. to G.A.-2

Mr. Ram Bilas Thakur

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CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL

ORAL JUDGMENT

Date: 16-04-2015

The writ application seeks to challenge the Resolution of

Board of Revenue dated 14.7.1995 passed by respondent Additional

Member, Board of Revenue in Revision Case No. 242 of 1993 copy

whereof has been enclosed as Annexure-3.

Background facts giving rise to the writ application may

be summarized as under:-

Respondent no. 5 executed a sale deed on 21.10.1989 in

respect of 9 kathas of the subject land in favour of respondent no. 6.

On the same day, respondent no. 5 executed another sale deed in

Patna High Court CWJC No.7093 of 1995 dt.16-04-2015

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respect of 6 kathas of land in favour of respondent no. 7 who is wife

of respondent no. 6. Both the lands formed a compact block. There is

no controversy that the writ petitioner is shown as boundary raiyat on

the north of the vended plots/lands. The registration of both the sale

deeds was made on 28.11.1989. In the meanwhile, respondent no. 6

executed a deed of gift in respect of 5 kathas and odd land forming

part of the first sale deed in favour of his own sister (respondent no. 8)

on 1.11.1989. The said deed of gift was subsequently registered on

15.12.1989. On 20.2.1990, the writ petitioner filed two applications

under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling

Area and Acquisition of Surplus Land) Act, 1961 (for short “the Act”)

claiming her right of preemption in respect of the lands covered by

both the sale deeds dated 21.10.1989. This gave rise to L.C. Case No.

14/1989-90 and 15/1989-90 on the file of the respondent Land

Reforms Deputy Collector. On notice, the purchaser appeared and

contested the claim of preemption. The respondent Land Reforms

Deputy Collector by a composite order dated 11.4.1990 (Annexure-1)

allowed both the claims of preemption filed by the writ petitioner. The

said order was assailed by the purchaser(s) before the Collector in

Appeal No. 4/1991-92. The said appeal was considered and rejected

by order dated 23.4.1993 (Annexure-2). The purchaser(s), dissatisfied

with the said order, filed a revision application before the Board of

Patna High Court CWJC No.7093 of 1995 dt.16-04-2015

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Revenue which gave rise to Case No. 242 of 1993. The Additional

Member, Board of Revenue, after hearing the parties, allowed the

revision application by resolution dated 14.7.1995 (Annexure-3). The

petitioner has, therefore, filed the present writ petition.

Heard Mr. R.C. Thakur in support of the application, Mr.

Ram Bilas Thakur for the private respondents and Mr. Pratik Sinha,

A.C. to G.A. 12 for the State.

It has been submitted by the Counsel for the petitioner

that the petitioner, being the adjoining raiyat of the vended

lands/plots, has a legal r