IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1059 of 2011
In
Civil Writ Jurisdiction Case No. 1969 of 2006
With
Interlocutory Application No. 4886 of 2011
In
Letters Patent Appeal No.1059 of 2011
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Basudeo Pal son of Late Jagdeo Pal, Resident of Village Redia, P.O. and
Police Station Baroon, District Aurangabad (Bihar).
.... .... Petitioner/Appellant
Versus
1. The State of Bihar.
2. The Additional Member, Board of Revenue, Bihar, Patna.
3. The Additional Collector, Aurangabad, Bihar.
4. Land Reforms Deputy Collector, Aurangabad, Bihar.
5. Upendra Pal son of Jagdish Pal, Resident of Village Chauriya, P.O. and
P.S. Aurangabad, District Aurangabad, Bihar.
.... .... Respondents/Respondents
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Appearance :
For the Appellant : Mr. Jitendra Prasad Singh, Advocate
For the Respondent Nos.1-4:Mr. Rajeev Kr. Singh, G.P.-15 with
Mr. Sanjeev Kumar Singh, A.C. to GP-15
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2. 22-07-2011 Interlocutory Application No. 4886 of 2011:
The delay of 10 days occurred in filing the Letters
2 Patna High Court LPA No.1059 of 2011 (2) dt.22-07-20112/3
Patent Appeal is condoned.
Letters Patent Appeal No.1059 of 2011:
This Appeal under Clause 10 of the Letters Patent is
preferred by the writ petitioner against the common judgment and
order dated 13th May 2011 passed by the learned single Judge in so
far as the above C.W.J.C. No. 1969 of 2006 has been dismissed by
the learned single Judge.
The subject matter at dispute are the pieces of lands of
Khata No.23 Plot No.54 admeasuring 43½ decimals; Plot No.51
admeasuring 06½ decimals and Plot No.70 admeasuring 15
decimals situated in Village-Redia, Police Station-Barun, District-
Aurangabad. The said parcels of land have been sold by its
original owner one Sukhdeo Pal to the respondent no.5 under a
registered sale deed dated 18th February 2003. Feeling aggrieved
the appellant claimed right to preemption on the ground that he
was the co-sharer of the vendor and the raiyat of the contiguous
parcel of land. The revenue authorities below upheld the claim of
the appellant. However, in Revision before the Board of Revenue,
by order dated 29th November 2005 the claim was rejected on the
sole ground that the purchaser Upendra Pal was a landless person.
The said order dated 29th November 2005 and the finding that the
purchaser was a landless person have been confirmed by the
learned single Judge by the impugned judgment and order dated
13th May 2011. Therefore, the present Appeal.
Learned advocate Mr. Jitendra Prasad Singh has
appeared for the appellant. He has assailed the finding that the
purchaser Upendra Pal was a landless person. He has relied upon
the certificate dated 23rd January 2004 issued by the concerned
Circle Officer. He has submitted that more than 12 acres of land
3 Patna High Court LPA No.1059 of 2011 (2) dt.22-07-20113/3
stands in the name of one Rambilash Bhagat. The said Rambilash
Bhagat is the grandfather of the purchaser Upendra Pal. He has
submitted that though the lands stand in the name of the
grandfather of the purchaser, the purchaser is the real owner of the
said land.
We are unable to accept this contention. There is
nothing on the record to suggest that the purchaser, the respondent
no.5, is the real owner of the lands standing in the name of the
aforesaid Rambilash Bhagat. In absence of any material to connect
the said lands with the purchaser except that he might inherit a part
of it as and when the occasion arises, the finding that the purchaser
was a landless person cannot be interfered with. No other
contention has been raised before us.
We see no merit in this Appeal. The Appeal is
dismissed in limine.
Interlocutory Application stands disposed of.
(R.M. Doshit, CJ)
(Birendra Prasad Verma, J)
Pawan Kumar/-