Appeal against orders dismissing pre-emption petitions concerning sale of land. The court held the land was homestead used for construction, rejecting the appellant's claim of agricultural use.
Appeals dismissed; orders of the Revenue Authorities and Single Judge affirming homestead nature of land are upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.148 of 2006 IN
Civil Writ Jurisdiction Case No. 5306 of 2004
========================================================
01.Shyam Nandan Prasad Singh @ Shyam Nandan Singh, S/o Late Gulab Singh, R/o Village- Rupsipur, P.S.- Mahnar, DistrictVaishali at Hajipur
… (Preemptor) Petitioner/ Appellant Versus
….. (Purchaser)
All sons of Late Gulab Singh, R/o Village- Rupsipur, P.S.Mahnar, District- Vaishali
….. (Vendors)
….. Respondents/Respondents
with
Letters Patent Appeal No. 152 of 2006 IN
Civil Writ Jurisdiction Case No. 5263 of 2004
========================================================
….. (Purchaser)
All sons of Late Gulab Singh, R/o Village- Rupsipur, P.S.Mahnar, District- Vaishali
….. (Vendor)
Patna High Court LPA No.148 of 2006 dt.19-06-2013
2
….. Respondents/Respondents
========================================================
(In LPA No. 148 of 2006) For the Appellant : Mr. ARVIND KUMAR TRIPATHI Mr. Aditya Nr.Singh I Mr. Rakesh Kumar For the Respondents : Mr. RAM SHANKAR DAS (In LPA No. 152 of 2006) For the Appellant : Mr. ARVIND KUMAR TRIPATHI Mr. Aditya Nr.Singh I Mr. Rakesh Kumar For the Respondents : Mr. RAM SHANKAR DAS Mr. (Sc16) ======================================================== P R E S E N T: HONOURABLE MR. JUSTICE S.N. HUSSAIN and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
J U D G M E N T
S.N. Hussain & Heard learned counsel for the petitioner and Ahsanuddin Amanullah, J.J. l earned counsel for the State of Bihar (respondent no.1) in both the aforesaid cases.
Patna High Court LPA No.148 of 2006 dt.19-06-2013
3
(respondent no.2 to 2nd L.P.A.).
Patna High Court LPA No.148 of 2006 dt.19-06-2013
4
the two sale-deeds executed by the vendor do not show that the land sold was a homestead land and have been purchased for the purpose of construction of a house. Hence, he stated that the said two sale-deeds were executed on the same date merely to defeat the right of pre-emption of the petitioner and hence, it is collusive in nature as held by a Division Bench of this Court in case of Udai Narain Singh and Ors. Versus the State of Bihar and Others, reported in 2008 (2) PLJR 409.
Patna High Court LPA No.148 of 2006 dt.19-06-2013
5
the petitioner and submits that all the three Revenue Authorities considered the claim of the parties in detail and after perusing the materials on record came to the specific finding on the basis of pleading and materials and the learned Single Judge while deciding the two writ petitions was quite justified in affirming the orders passed by the said Revenue Authorities.
Patna High Court LPA No.148 of 2006 dt.19-06-2013
6
authorities that the land in question was homestead (Basgit) appear to be correct and justified. The petitioner has completely failed to show that the aforesaid homestead land was being used for agricultural purposes by any agriculturist and hence, his claim for right of pre-emption cannot be legally allowed.
(S.N. Hussain, J)
(Ahsanuddin Amanullah, J)
Patna High Court, The 19th June, 2013 NAFR/P.K./-
3 issues framed by the court
Whether the petitioner's claim for statutory right of pre-emption on the alleged sale of homestead land can be allowed when the land is surrounded by dwelling houses and no agricultural use is shown.
Whether the findings of the Revenue Authorities that the land is homestead (Basgit) and the sale was for construction purposes are correct and justified.
Whether the appellant is entitled to quash the orders of the Revenue Authorities and the Single Judge dismissing the pre-emption petitions.
Colour shows how this judgement treated each authority
Udai Narain Singh and Ors. Versus the State of Bihar and OthersReferred¶53
Udai Narain Singh and Ors. Versus the State of Bihar and Others, 2008 (2) PLJR 409
Suresh Prasad Singh Versus Dulhin Phulkumari Devi and Ors.Referred¶54
Suresh Prasad Singh Versus Dulhin Phulkumari Devi and Ors., 2010 (2) PLJR (SC) 167
1 provisions across 1 enactments
Shyam Nandan Prasad Singh
State Of Bihar
Urmila Devi
Ram Ekbal Bhagat
Krishnandan Prasad Singh
Ram Nandan Prasad Singh
S.N. Hussain
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
