Md.Mohsim @ Md.Mosim And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15342 of 2010 ======================================================
1. Md.Mohsim @ Md.Mosim , son of Late Md. Yaqub
2. Bibi Mohshina Khatoon @ Mashina Khatoon, wife of Md. Mohsim Both residents of village- Manikauli, Tola Agyaspur, P.S. Anchal Singhwara, District- Darbhanga - Applicants, appellant- .... .... Petitioners
Versus
1. The State of Bihar through the Collector, Darbhanga
2. The Deputy Collector Land Reforms, Darbhanga
3. The Commissioner, Darbhanga Division, Darbhanga
4. Md. Zubair Rain, son of Late Abdul Razzaque Rain
5. Md. Obaid Rain, son of Late Md. Rahman Rain Respondent nos.2 and 3 are residents of village- Manikauli, Tola Agyaspur, P.O. Tehwara, P.S. Anchal Singhwara, District- Darbhanga ---------- Opp.Party 1st -Respondent/ Respondents 1st Set
6. Chandar Pandit, son of Late Thithar Pandit
7. Prabhu Pandit, son of Late Thithar Pandit, both residents of village- Manikauli, Tola Agyaspur, P.O. Tehwara, P.S. and Anchal Singhwara, District- Darbhanga .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Yugal Kishore For the Respondent/s : Mr. AC to GP-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ........................
19-05-2015 Heard Sri Bishwanath Prasad Singh, learned Senior Counsel, who was assisted by Sri Yugal Kishore, learned counsel for the petitioners, learned AC to GP-22 as well as Mr.Iqbal Asif Neyazi , learned counsel, who appeared on behalf of Respondent nos. 4 and 5/ purchasers.
The petitioners claiming right of pre-emption over the land in question had filed a petition under Section 16(3) of the Bihar Land Reforms ( Fixation of Ceiling and Acquisition of
Patna High Court CWJC No.15342 of 2010 (6) dt.19-05-2015 2/3 Surplus Land) Act. It was claimed that the petitioners purchased the land from the vendor, from whom private Respondent nos. 4 and 5 had also purchased land. It was claimed that the petitioners after purchasing land had become adjoining raiyat and on this ground, a prayer was made for allowing the petition of preemption, which was filed by the petitioners. The same was rejected by the D.C.L.R., Darbhanga. Petitioners aggrieved with the order of the D.C.L.R. approached the appellate authority vide Appeal No.18 of 2006-07, which was rejected by the learned Collector vide its order dated 19.12.2006. The order of the appellate authority has also been approved by the revisional court.
Learned Senior Counsel appearing on behalf of the petitioners tried to persuade this Court that the petitioners by way of purchasing the land in question had become adjoining raiyat and, as such, they were entitled to get the land reconveyed. Besides hearing learned counsel for the parties, I have also perused the materials available on record. Fact remains that the order of the D.C.L.R. was passed assigning detailed reason, which has been approved by both the courts i.e. by the appellate court as well as revisional court.
Patna High Court CWJC No.15342 of 2010 (6) dt.19-05-2015 3/3 the petitioners, while exercising power of judicial review. I do not find any ground for interfering with the matter. The writ petition stands dismissed.
(Rakesh Kumar, J) NKS/- U