S.J.MUKHOPADHAYA,LAKSHMAN URAON,J. - (1.) THE respondents -appellants being not satisfied with the judgment dated 18th September, 1997 passed by learned Single Judge in C.W.J.C. No. 306 of 1985 (R), have preferred this appeal.
(2.) LEARNED Single Judge held that the application for pre -emption preferred by deceased father of appellant Nos. 1 to 4 under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 was not maintainable. The land in question measuring 6.52 -1/2 decimals under Khata Nos. 57 and 151 of village Sakrauli belonged to father of writ petitioners namely Chamar Sahu. Said Chamar Sahu executed a registered sale -deed on 6th September, 1979 in favour of his two daughters - writ petitioners namely Sumitra Devi and Dukhni Devi for a consideration of Rs. 6,500/ -.
(3.) ONE Pratap Sahu (father of appellant Nos. 1 to 4 and husband of appellant No. 5) preferred the application for preemption under Section 16(3) of the Act, 1961 claiming him to be the adjoining raiyat of land in question. The application was registered as case No. 40 of 1979 and was allowed in favour of pre -emptor Pratap Sahu (since deceased). The writ petitioners preferred Revenue Appeal No. R -15 of 1980 -81 which was dismissed. The Revision Appeal (Ranchi) No. 137 of 1983 preferred by writ petitioners was dismissed for default on 7th June, 1983, and was not restored vide order dated 11th June, 1989. Faced with such situation, writ petition C.W.J.C. No. 306 of 1985 (R) was preferred by writ petitioner which was allowed by impugned judgment dated 18th September, 1987 on the ground that the application of pre -emption was not maintainable in absence of the transferor (Chamar Sahu).;