PERMOD KOHLI, J. - (1.) THIS writ application is directed against the order dated 3 rd August, 1989, passed by respondent No. 2, the revisional authority, in Land Ceiling Revision No. 151 of 1989, setting aside the judgments and orders, passed by its sub -ordinate authorities, and ordered delivery of possession of the property, in question, in favour of Indradeo Sao, respondent No. 5 herein.
(2.) BRIEFLY stated the facts, giving rise to the present writ application, are that the petitioners herein purchased a piece of land, measuring 33 Decimals (8 Kattha and 17 Dhurs), comprising of Survey Plot No. 935, Khata No. 113 of Village Chiraungia, P.S. - Garhwa in the then district of Palamau (now Garhwa) vide a registered sale deed dated 16 th February, 1985 from respondent No. 6, Nathuni Sao, for a consideration of Rs. 7,000/ -. It is alleged that this land was purchased for residential purpose. Petitioners also came into possession over the land, in question, on execution of the sale deed. Respondent No. 5, Indradeo Sao, filed an application under Section 16(3) of the Bihar Land Ceiling Act on 15 th May, 1985 i.e. within the prescribed time of three months before the Land Reforms Deputy Collector, Garhwa, claiming right of pre -emption, as an adjoining raiyat. This application was registered as Land Ceiling case No. 9 of 1985. The authority i.e. Land Reforms Deputy Collector, after allowing the parties to file affidavits, dismissed the application vide order dated 26 th June, 1986, holding that though the land, in question, is recorded as an agricultural land (Tand -3), however, houses having been constructed on both the sides of the land and the land being situated within one mile from Garhwa Town, it has been urbanized and is not being used for agricultural purposes, thus, does not come within the purview of Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter to be referred as Bihar Land Ceiling Act) With a view to support its findings, the Land Reforms Deputy Collector has stated that three purchasers have purchased the land for building purposes and shares of these persons come to 161/2, 81/4 and 81/4 Decimals respectively and this much land cannot be used for agricultural purposes. It is also mentioned that the sale consideration is Rs. 7,000/ -, which come to Rs. 21,000/ - per Acre and this price for the land, in question, is too exorbitant, which also indicates that the property has been purchased for residential purpose and not for agricultural purpose.
(3.) RESPONDENT No. 5 preferred an appeal before the appellate authority i.e. respondent No. 3, Additional Collector, Palamau at Daltonganj, who concurred with the findings of respondent No. 4, the Land Reforms Deputy Collector, Garhwa, and dismissed the appeal vide order dated 30 th January, 1989. Against the concurrent finding of fact a revision petition came to be preferred by respondent No. 5 before the Board of Revenue, Bihar, being Land Ceiling Revision No. 151 of 1989. The revisional authority, in exercise of jurisdiction under Section 32 of the Bihar Land Ceiling Act, however, reversed the judgments of both the courts and allowed the application for pre -emption.;