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2006 DIGILAW 1293 (JHR)

Babu Ram Mahto v. State of Jharkhand

2006-11-07

R.K.MERATHIA

body2006
ORDER R.K. Merathia, J. IA. No. 2485 of 2006 1. This application has been filed for substituting the heirs of sole petitioner who died on 10.7.2002 leaving behind the heirs mentioned in para 2 of the application. 2. Heard. 3. Substitution petition is allowed. The heirs mentioned in para 2 may be substituted. 4. IA No. 2485 of 2006 is disposed of. W.P. (C) No. 3094 of 2002. 5. Petitioner has challenged the order dated 24.5.1996 passed by respondent No. 2, the Member, Board of Revenue, Bihar, Patna in Ceiling Pre-emption Case No. 354 of 1990 (Annexure-5), by which the revision filed by the petitioner was dismissed, and also the order dated 12.4.1990, passed by respondent No. 3, Additional Collector, Land Ceiling, Hazaribagh in Revenue Ceiling Appeal No. 33 of 1989 (Annexure-4), by which he set aside the order dated 15.9.1989, passed by respondent No. 4 in Pre-emption Case No. 10 of 1987-88. 6. Petitioner had filed this writ application for preemption with regard to plot No. 465, Khata No. 13, area 71-1/2 decimals, which was allowed by LRDC (Annexure-3) on the ground that petitioner was adjoining raiyat The appeal preferred against the said order was allowed by the Additional Collector on the ground that the predecessor in interest of the appellants had purchased adjoining plot No. 466 by registered sale deed as far back as on 24.1.1945 and they are in possession of the land in question thereafter. Petitioner preferred revision before the Board of Revenue, which was dismissed. 7. Petitioner's case is that he became adjoining raiyat after he purchased about 71 decimals of land from respondent No. 13 by registered sale deed dated 10.7.1974. 8. In my opinion, petitioner's claim for preemption has rightly been rejected as he has purchased a portion of adjoining land in 1974, whereas the other side purchased adjoining land as far back as in 1945. 9. I do not find any reason to interfere with the impugned orders. Accordingly, this writ petition is dismissed. Petition dismissed.