BIBI AMBEYA KHATOON Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY this Writ Petition under Articles 226 and 227 of the Constitution of India, the Petitioner has challenged the Order dated 9th February, 1987, recorded by the Additional Member, Board of Revenue, Bihar, Patna, (Respondent No. 2) in Board Revision No. 321 of 1986, contained in Annexure 3 to the petition, as well as the Order dated 26th February, 1986, recorded by the Collector, West Champaran (Respondent No. 3) in R.A. No. 64 of 1980 -81, contained in Annexure

(2.) , whereby Respondent Nos. 2 and 3, both the Revenue Authorities, allowed the application of pre -emption filed on behalf of Respondent No. 5, Sk. Basir Alam. 2. This Court has been addressed at great length by the learned Counsels appearing for the parties. A plain conspectus of the facts relevant and material for the purpose is, dispassionately examned.The orders impugned are also considered and examined. The relevant proposition of law is, also kept in mind while considering the merit of this Writ Peition.

(3.) THE Land Reforms Deputy Collector, Bettiah, in Case No. 25 of 1979 -80, decided the aforesaid claim for pre -emption under Sec.16(3) of the Act of 1961 against the Applicant holding that pre - emptor could not be said to be an adjacent owner or raiyat in terms of the provisions of Sec.16(3) of the Act of 1961 .This pre -emption application, in that case, came to be decided on 24th October, 1980.