ASHOK KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The pre-emptor is the petitioner in this writ petition arising from a preemption proceeding under Section 16(3) of the Bihar Land Ceiling Act. The petitioner's claim of pre-emption was upheld and allowed by the Deputy Collector Land Reforms, Teghra by his order, dated 17-9-1997 (Annexure-2) passed in Case No. 3 of 1995-96. The vendee's appeal against that order was dismissed by the Collector, Begusarai by order, dated 26-12-2000 (Annexure-3) passed in Ceiling Appeal No. 20 of 1997. Her revision before the Board of Revenue was, however, allowed by order, dated 11-12-2002 passed in case No. 44 of 2001 and it is against this order that the pre-emptor writ petitioner has come to this Court.

(2.) The Board of Revenue found that there were procedural defects in filing the preemption application in the statutory form and further held that the petitioner was not the sole proprietor but only a co-sharer of the piece of land adjoining the disputed plot and hence, it was not open to him to raise the claim of pre-emption by himself and in the absence of the other co-sharers of the adjacent plot. It was mainly on these two grounds that the Board of Revenue held that the claim of pre-emption raised by the petitioner was liable to be rejected.

(3.) Mr. S. S. Asghar Husain, learned Senior Advocate appearing for the petitioner submitted that the defects/omissions in filling-up the statutory form for making the preemption application were too trivial to render the claim liable to rejection.