RAJESH SHANKAR,J. - (1.) Heard learned counsels for the parties.
(2.) In the present writ petition, the petitioners have prayed for quashing the order dated 17.07.2006 passed by the Member, Board of Revenue, Jharkhand in Pre-emption Revision Case No. 10/2005 whereby, the revision petition filed by the petitioners has been dismissed.
(3.) The factual matrix of the case is that the petitioners had purchased 12 Decimals of land out of total area of 39 Decimals appertaining to Plot No. 384, Khata No. 18 of Village-Garge, P.SGovindpur, District-Dhanbad from Bigu Mahato, son of Rupan Mahato by registered sale deed being Sale deed No. 5552 dated 16.11.2001. The respondent Nos. 2 and 3 filed an application under Section 16(3) (i) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 [hereinafter to be referred to as 'the said Act'] before the Land Reforms Deputy Collector on the ground that the petitioners were neither the co-sharers of the vendor nor an adjoining raiyat of the vended land and the respondent Nos. 2 and 3 were the adjoining raiyats and as such the said land should be transferred to them under the provisions of the said Act. Notices were issued to the petitioners by the Land Reforms Deputy Collector, Dhanbad on the said application and meanwhile, the respondent Nos. 2 and 3 filed a petition before the Land Reforms Deputy Collector, Dhanbad on 06.05.2002 to the effect that the vendee/petitioners have undertaken constructions of a building on the disputed land in order to change the nature of the land and they should be directed to stop construction. The Land Reforms Deputy Collector, Dhanbad issued order directing the petitioners to cease construction. Thereafter, the Land Reforms Deputy Collector personally conducted spot enquiry on 20.12.2002 and in course of said enquiry, he came to the conclusion that the construction activities were commenced by the petitioners 5 to 6 months ago from the date of spot verification. Thereafter, the petitioners appeared in the case and contested it on the ground that there is no specific provision in the said Act for restraining the purchasers from making any construction over the said land in normal course when the persons have purchased any land for the purpose of constructing house. It was also stated by the petitioners therein that there is no provision in the said Act that if the land was agricultural land at the time of purchase, subsequently, it cannot be converted into a land for residential purposes, if the situation permitted. After hearing both the parties, the Land Reforms Deputy Collector, Dhanbad considering the aforesaid facts, allowed the case vide order dated 08.04.2003. Aggrieved by the order of the Land Reforms Deputy Collector, Dhanbad, the petitioners preferred an appeal before the Additional Collector, Dhanbad being L.C. Appeal No. 5/03-04 and the said Court after hearing the parties, dismissed the appeal vide order dated 13.01.2005. Thereafter, the petitioners preferred revision bearing Case No. 10/05 before the Court of the Member, Board of Revenue, Jharkhand and the learned Member also dismissed the revision case vide order dated 17.07.2006.;