M.Y.EQBAL, J. - (1.) HEARD Mr. Shivnath, learned Counsel appearing for the petitioner and Mr. Das, learned Counsel appearing for the respondents.
(2.) THE petitioner who is defendant in Title Suit No. 123 of 2002 has challenged the order dated 7.3.2006 passed by Munsif, Dhanbad whereby he has rejected the application filed by the petitioner for deciding the issue of maintainability of the suit as preliminary issue. The plaintiff -respondent filed the aforementioned suit against the defendants -petitioner, the State of Jharkhand, Deputy Commissioner and LRDC Dhanbad for declaration that the notice dated 27.7.2002 issued against the plaintiff by LRDC Dhanbad an LC case No. 32 of 1975 -76 is invalid, arbitrary and without jurisdiction.
(3.) DEFENDANTS case is that an order of pre -emption was passed by the respondent -authority under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. The right of pre - emption was allowed in revision by the Member Board of Revenue, Bihar, Patna and a sale -deed was executed in favour of the petitioner. Defendants further case is that in view of the fact that when sale -deed was finally executed, a suit for declaration challenging, the issuance of notice is not maintainable.;