D.N. Patel, J. - (1.) This Letters Patent Appeal has been preferred by original petitioner, being aggrieved and feeling dissatisfied by the judgment and order delivered by the learned Single Judge in W.P.(C) No. 1619 of 2012 dated 8th July 2015, whereby the petition preferred by this appellant has been dismissed and, hence, the original petitioner has preferred the present Letters Patent Appeal. Original petitioner (this appellant) is claiming right of pre - emption i.e. to purchase the property of his neighbour. This claim is raised, after several years, after which his neighbour (Respondent No. 7) sold away the property.
(2.) FACTUAL MATRIX • On 21st July, 1994, the Respondent No. 7 - Prahlad Kumhar transferred the land bearing Plot No. - 723, Khata No. - 80, Thana No. - 100, P.S. - Rajnagar, Village - Kalajharna, District Singhbhum West to the respondent no. 5 - Smt. Khiroda Devi by registered sale - deed. This is the sale of the property from Respondent No. 7 to Respondent No. 5. • It also appears from the facts of the case that Respondent No. 5 - Smt. Khiroda Devi entered into registered gift - deed in favour of Respondent No. 6 - Bindeshwar Pradhan on 16th October, 2000. • This appellant being a neighbour, claims right of pre - emption from Respondent No. 7, under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Act, 1961 , for the sake of brevity) upon the aforesaid property. • Application preferred by this appellant is bearing Land Ceiling Case No. 15 of 2004 - 05. This application was preferred before Land Reforms Deputy Collector, Seraikella and the same was allowed by the LRDC vide order dated 27th November, 2004 (Annexure - 5 to the memo of this Letters Patent Appeal). • In pursuance of this order, sale - deed has been entered into in favour of this appellant which is dated 18th May, 2005 (Annexure - 6). • Being aggrieved and feeling dissatisfied by an order passed by LRDC dated 27th November, 2004, the Respondent No. 5 - Smt. Khiroda Devi preferred an appeal under Section 30 of the Act, 1961 being Land Ceiling Appeal No. 9 of 2005 - 06, before the Deputy Commissioner, Seraikella. • The appeal preferred by Respondent No. 5 - Smt. Khiroda Devi was allowed vie order dated 14th September, 2007 (Annexure - 7 to the memo of LPA) and the order passed by LRDC dated 27th November, 2004 was quashed and set - aside. • Against the order passed by Deputy Commissioner, Seraikella dated 14th September, 2007, Writ Petition (C) No. 5936 of 2007 was preferred by this appellant and the same was disposed of by this Court vide order dated 31st March, 2008. • This appellant, thereafter preferred Revision Application bearing No. 27 of 2008 before Member, Revenue Board, against the order passed by Deputy Commissioner, Seraikella. • This Revision Application No. 27 of 2008, preferred by this appellant was dismissed by Member, Revenue Board vide order dated 6th January, 2012. • Being aggrieved and feeling dissatisfied by the said order of Member, Board of Revenue, this appellant preferred W.P.(C) No. 1619 of 2012 before this Court and this writ petition has been dismissed by the learned Single Judge vide judgment and order dated 8th July, 2015. • Being aggrieved and feeling dissatisfied by the judgment and order delivered by the learned single Judge in W.P.(C) No. 1619 of 2012 dated 8th July, 2015, the present Letters Patent Appeal has been preferred by the original petitioner for establishing his right of pre - emption to purchase the property as narrated herein above against the transferors of the property who are Respondent Nos. 5 and 6 in this Letters Patent Appeal.
(3.) ARGUMENT CANVASSED BY THE COUNSEL FOR THE APPELLANT (ORIGINAL PETITIONER). • Counsel appearing for the appellant (original petitioner) submitted that this appellant is an adjoining owner of the property and, hence, he has got the right of pre - emption to purchase Plot No. 723, Khata No. 80, P.S. - Rajnagar, District - Seraikella - Kharsawan situated at Village - Kalajharna for which an application was preferred under Section 16(3) of the Act, 1961 before Land Reforms Deputy Collector being Land Ceiling Case No. 15 of 2004 - 05 which was allowed by the LRDC vide order dated 27th November, 2004. Thereafter, sale - deed has also been executed which is dated 18th May, 2005 which is at Annexure - 6 to the memo of this LPA. This sale - deed cannot be brushed - aside by Deputy Commissioner, Seraikella vide his order dated 14th September, 2007 (Annexure - 7). This aspect of the matter has not been properly appreciated by the learned Single Judge and, hence, judgment and order delivered by the learned Single Judge in W.P.(C) No. 1619 of 2012 deserves to be quashed and set - aside. • It is submitted by counsel for the appellant (original petitioner) that the time limit within which the application is to be preferred is three months from the date of registration of the document and from the date of knowledge of such registration of the document. No sooner did this appellant came to know about the registration of the sale - deed for the aforesaid property, the right of pre - emption has been claimed and, hence, there is no delay in preferring such an application. • It is further submitted by counsel for the appellant (original petitioner) that this appellant has also now sale - deed in his favour which is dated 18th May, 2005 (Annexure - 6). This aspect of the matter has not been properly appreciated by the Deputy Commissioner, Seraikella, Member, Revenue Board as well as by the learned Single Judge and, hence also, the judgment and order delivered by the learned Single Judge deserves to be quashed and set - aside.;