24.11.2000 on a valuable consideration of Rs.7,000/- with respect to 0.06 acres of land of plot no.2266 under khata No.58 of Village- Sukarigarh (now in the District of Ramgarh) and at that time in the District of Hazaribagh. Within three months, the application was filed by Harihar Prasad before the court of Land Reforms Deputy Collector, Ramgarh as envisaged under Section 2b of the Act, 1961 by depositing the consideration amount along with its 10% i.e. Rs.7,000/- + Rs.700/- = Rs.7,700/- to invoke the pre-emption right as envisaged under Section 16(3) of the Act, for cancellation of sale deed no.16693 dated 24.11.2000 executed by Diwakar Prasad in favour of Jhagru Sao. Notice was issued to the Jhagru Sao, who filed his written statement admitting therein that he has house over Plot No.2257 and he want to extend his ancestral house by purchasing the said land. In the written statement, nowhere Jhagru Sao has whispered, that he has any agriculture land adjacent to the plot no.2266, so as to come under the definition of raiyat as envisaged under Section 2(k) of the Act, 1961. Considering these facts on record and considering the materials available on record and also the report submitted by District Administration before the Board of Revenue, which has been called for by the Board of Revenue and brought on record also discloses, that all the allegations made by Jhagru Sao with respect to nature of homestead land regarding plot no.2266 has been denied. The Member, Board of Revenue has not taken the material properly as envisaged under Section 2(k) of the Act, 1961, where raiyat has been defined properly and has passed the impugned order.
