L.P.A. NO.402 of 2003
In the matter of an appeal under Clause-10 of the Letters Patent
Sahadeb Kumar Nayak …………………………………. Appellant
Versus
The State of Jharkhand and Ors. ………………………….. Respondents.
For the Appellant :- Mr. Sudharshan Srivastava
For the State-Respondent :- Mr. R.A. Gupta Spl. G.P.
For the Respondents No.2-5 :- Mr. Pramod Kumar
PRESENT
HON’BLE MR. JUSTICE M.Y. EQBAL
HON’BLE MR. JUSTICE D.K. SINHA :
By Court Heard the Learned counsel for the parties
2 This appeal under Clause-10 of the Letters Patent is directed against
the order dated 14.5.2003 passed in W.P.(C) No. 2366 of 2003 whereby
the learned Single Judge dismissed the writ petition wherein the orders
passed by the Revenue Authorities were challenged.
3. The question relates to right of pre-emption., which is undoubtedly
a very weak right and can be defeated by any legal means. Be that as it
may, the matter travels from the court of S.D.O. Bermo, Deputy
Commissioner, Bokaro and Member of Board of Revenue. The Revenue
Authorities ultimately recorded the findings of fact and rejected the claim
of the appellant seeking pre-emptor’s right under section 16 of the Bihar
Land Reforms(Fixation of Ceiling Area and Acquisition of Surplus Land)
Act 1961. Despite the findings of fact arrived at by the Member of Board
of Revenue, the learned Single Judge took pain and re-appreciated the
facts and evidences and held that findings of fact recorded by the
Member of Board Revenue need no interference by this Court. We in
exercise of power under the Letters Patent cannot go into the question
of fact and take different views.
4. Having regard to the fact that there is no error apparent on the
face of order, the appeal deserves to be dismissed. Hence this appeal has
got no merit which is accordingly dismissed.
( M.Y. EQBAL,J.)
( D.K. SINHA,J .)
Jharkhand High Court, Ranchi
Dated 19.2.2009/SD/SC/NAFR