Biharsarif v. District
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3181 of 2008 ====================================================== Arjun Sharma son of late Viswanath Sharma, resident of Village- Chhatiana (also known as Gobindpur Chhatiana), P.S. Harnaut, District- Nalanda .... .... Petitioner/s 1. The State of Bihar 2. The Additional Member, Board of Revenue, Bihar, Patna. 3. The Additional Collector, Nalanda, At, P.O. and P.S.- Biharsarif, Versus District- Nalanda. 4. The Deputy Collector, Land Reforms (D.C.L.R.) At, P.O. and P.S.- Biharsarif, District- Nalanda. 5. The Anchal Adhikari, Narnaut Anchal, At, P.O. and P.S.- Harnaut, District- Nalanda. 6. The Halka Karmchari, Harnaut Anchal, At, P.O. and P.S.- Harnaut, District- Nalanda. 7. Ajay Kumar Singh son of Jai Narain Pd. Singh, resident of village and P.O.- Godargawan, P.S. Matihani, District- Begusarai, at present resident of village and P.O.- Chhatiana, P.S.- Harnaut, District- Nalanda (Vendor). 8. Udit Narain Singh, son of Ram Swarath Singh, resident of Village- Jafna, P.O.- Parwalpur, P.S. Silao, District- Nalanda (Vendee) .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.3206 of 2008 ====================================================== Arjun Sharma son of late Viswanath Sharma, resident of Village- Chhatiana (also known as Gobindpur Chhatiana), P.S. Harnaut, District- Nalanda .... .... Petitioner/s 1. The State Of Bihar 2. The Additional Member, Board of Revenue, Bihar, Patna. 3. The Additional Collector, Nalanda, At, P.O. and P.S.- Biharsarif, Versus District- Nalanda. 4. The Deputy Collector, Land Reforms (D.C.L.R.) At, P.O. and P.S.- Biharsarif, District- Nalanda. 5. The Anchal Adhikari, Narnaut Anchal, At, P.O. and P.S.- Harnaut, District- Nalanda. 6. The Halka Karmchari, Harnaut Anchal, At, P.O. and P.S.- Harnaut, District- Nalanda. 7. Ajay Kumar Singh son of Jai Narain Pd. Singh, resident of village and P.O.- Godargawan, P.S. Matihani, District- Begusarai, at present resident of village and P.O.- Chhatiana, P.S.- Harnaut, District- Nalanda (Vendor). 8. Usha Kumari Sinha daughter of Ram Swarath Singh, resident of Village- Jafna, P.O.- Parwalpur, P.S. Silao, District- Nalanda (Vendee) .... .... Respondent/s ======================================================
Legal Reasoning
Patna High Court CWJC No.3181 of 2008 (5) dt.27-08-2013 2/5 with Civil Writ Jurisdiction Case No.3458 of 2008 ====================================================== Arjun Sharma son of late Viswanath Sharma, resident of Village- Chhatiana (also known as Gobindpur Chhatiana), P.S. Harnaut, District- Nalanda .... .... Petitioner/s 1. The State Of Bihar 2. The Additional Member, Board of Revenue, Bihar, Patna. 3. The Additional Collector, Nalanda, At, P.O. and P.S.- Biharsarif, Versus District- Nalanda. 4. The Deputy Collector, Land Reforms (D.C.L.R.) At, P.O. and P.S.- Biharsarif, District- Nalanda. 5. The Anchal Adhikari, Narnaut Anchal, At, P.O. and P.S.- Harnaut, District- Nalanda. 6. The Halka Karmchari, Harnaut Anchal, At, P.O. and P.S.- Harnaut, District- Nalanda. 7. Ajay Kumar Singh son of Jai Narain Pd. Singh, resident of village and P.O.- Godargawan, P.S. Matihani, District- Begusarai, at present resident of village and P.O.- Chhatiana, P.S.- Harnaut, District- Nalanda (Vendor). 8. Paras Kumar, son of Ram Janam Singh, resident of Village and P.O.- Chhatiana, P.O.- Chhatiana,, P.S. Harnaut, District- Nalanda (Vendee) .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.3650 of 2008 ====================================================== Arjun Sharma son of late Viswanath Sharma, resident of Village- Chhatiana (also known as Gobindpur Chhatiana), P.S. Harnaut, District- Nalanda .... .... Petitioner/s 1. The State Of Bihar 2. The Additional Member, Board of Revenue, Bihar, Patna. 3. The Additional Collector, Nalanda, At, P.O. and P.S.- Biharsarif, Versus District- Nalanda. 4. The Deputy Collector, Land Reforms (D.C.L.R.) At, P.O. and P.S.- Biharsarif, District- Nalanda. 5. The Anchal Adhikari, Narnaut Anchal, At, P.O. and P.S.- Harnaut, District- Nalanda. 6. The Halka Karmchari, Harnaut Anchal, At, P.O. and P.S.- Harnaut, District- Nalanda. 7. Ajay Kumar Singh @ Ajay Kumar son of Jai Narain Pd. Singh, resident of village and P.O.- Godargawan, P.S. Matihani, District- Begusarai, at present resident of village and P.O.- Chhatiana, P.S.- Harnaut, District- Nalanda (Vendor). 8. Paras Kumar, son of Ram Janam Singh, resident of Village and P.O.- Chhatiana, P.O.- Chhatiana,, P.S. Harnaut, District- Nalanda (Vendee) .... .... Respondent/s ====================================================== Patna High Court CWJC No.3181 of 2008 (5) dt.27-08-2013 3/5
Legal Reasoning
Appearance : (In CWJC No.3181 of 2008) For the Petitioner/s : Mr. Pramod Kumar Sinha, with Mr. Arvind Kumar Sharma-1, & Mr. Chetan Kumar For the Respondent No.1 to 6 : Mr. Ajay, SC- XI, with Mr. Pratik Kr. Sinha, AC to SC-XI For the Respondent No. 7 & 8: None. In CWJC No.3206 of 2008) For the Petitioner/s : Mr. Pramod Kumar Sinha, with Mr. Arvind Kumar Sharma-1, & Mr. Chetan Kumar For the Respondent No.1 to 6 : Mr. Ajay, SC- XI, with Mr. Pratik Kr. Sinha, AC to SC-XI For the Respondent No. 7 & 8: None. (In CWJC No.3458 of 2008) For the Petitioner/s : Mr. Pramod Kumar Sinha, with Mr. Arvind Kumar Sharma-1, & Mr. Chetan Kumar For the Respondent No.1 to 6 : Mr. Ajay, SC- XI, with Mr. Pratik Kr. Sinha, AC to SC-XI For the Respondent No. 7 & 8: None. (In CWJC No.3650 of 2008) For the Petitioner/s : Mr. Pramod Kumar Sinha, with Mr. Arvind Kumar Sharma-1, & Mr. Chetan Kumar For the Respondent No.1 to 6 : Mr. Ajay, SC- XI, with Mr. Pratik Kr. Sinha, AC to SC-XI For the Respondent No. 7 & 8: None. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 5 27-08-2013 In this batch of four writ petitions, learned counsel for the petitioner as also Mr. Ajay, learned SC-XI appearing on behalf of the State of Bihar and its functionaries have been heard at length. However, despite valid service of notice, none has appeared on behalf of the respondent no. 7 & 8. The petitioner in all the four writ petitions is one and same person, who filed 4 separate petitions under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Patna High Court CWJC No.3181 of 2008 (5) dt.27-08-2013 4/5 Surplus Land) Act, 1961 (in short “the Ceiling Act”) raising his claim of pre-emption on the ground of being boundary raiyat of the vended plots as also on the ground of being co-sharer of the vendor- Ajay Kumar Singh or his grand mother Rama Devi. Udit Nr. Singh, Smt. Usha Kumari Sinha and her husband Paras Kumar are the purchasers with respect to the lands under dispute. With respect to four registered deeds of sale, executed by respondent no.7, Ajay Kumar Singh in favour of aforesaid transferees, petitioner filed four pre-emption cases separately, as stated above, on the ground of being boundary raiyat of the vended plots as also on the ground of being co-sharer of the venor- Ajay Kumar Singh or his grand mother Rama Devi. Subsequently, during the course of proceeding, the petitioner himself gave up his claim of pre-emption on the ground of being co-sharer of the vendor, as admittedly family partition had taken place between the petitioner and the vendor or his grand mother earlier. However, petitioner continued to raise his claim of pre-emption on the ground of being boundary raiyat of the vended plots. After consideration of entire materials, by four separate orders passed by the respondent D.C.L.R., Biharsharif, claim of pre-emption was rejected by recording a finding of fact that the petitioner has not been able to prove that he is the boundary raiyat of the vended plots. The appeals and the revisions preferred by the petitioner against the orders passed by the original authority were rejected affirming the orders passed by the original authority rejecting his claim of pre- emption. Learned counsel for the petitioner submits that findings recorded by the authorities are contrary to the materials available on record and contrary to the averments made in the impugned Patna High Court CWJC No.3181 of 2008 (5) dt.27-08-2013 5/5 sale deeds, wherein the petitioner has been shown to be the boundary raiyat of the vended plots. Learned Standing Counsel No.XI appearing on behalf of the official respondents submitted that all the three authorities have concurrently recorded a finding of fact that the petitioner is not the boundary raiyat of the vended plots. According to him, in view of different purchases through different sale deeds, the purchasers themselves became boundary raiyat and as such, according to him, the claim of pre-emption has rightly been rejected by the authorities concerned. After having heard the parties and in view of the fact that concurrent finding of fact has been recorded by the respondent D.C.L.R., Biharsharif, the respondent Additional Collector, Nalanda at Biharsarif and the respondent Additional Member, Board of Revenue, Bihar, Patna that the petitioner has failed to prove that he is the boundary raiyat of the vended plots and, accordingly, they all have rejected the claim of pre-emption of the petitioner, therefore, in view of the aforesaid concurrent finding of fact recorded by all the three authorities, this Court does not find any good ground to interfere with the orders impugned. In the result, all the four writ petitions are dismissed.
Decision
However, there shall be no order as to costs. BTiwary/- (Birendra Prasad Verma, J)