In this writ jurisdiction case, the Patna High Court dismissed the petitioner's application challenging a revenue order that allowed Respondent No.5's pre-emption rights. The court held that since the parties were co-shares and adjoining, the respondent had the better claim.
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
Civil Writ Jurisdiction Case No.2419 of 1995
=========================================================== Smt. Kaushalya Devi, wife of Sri Raghunath Singh, resident of Jamnipur, Near Maner Church, Police Station- Maner, District- Patna.
.... .... Petitioner. Versus 1. The State of Bihar 2. The Additional Member, Board of Revenue, Bihar, Patna. 3. The Collector, Patna. 4. The Deputy Collector Land Reforms, Danapur. 5. Sri Jaleshwar Prasad Singh, son of late Kedarnath Singh, resident of Jamnipur, Near Maner Church, Police Station- Maner, District- Patna. 6. Sri Ram Binay Singh, son of late Ragho Singh, resident of Maner, Police Station- Maner, District- Patna. 7. Smt. Hari Devi, wife of Sri Shambhu Singh, resident of Aiyarpur, Police Station- Gardanibagh, District- Patna .... .... Respondents =========================================================== Appearance : For the Petitioner/s : Mr. CHANDRA SHEKHAR PD. For the Respondent/s : Mr. H.P.SINGH (SC)
=========================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL JUDGMENT Date: 16-04-2015
The petitioner prays for setting aside the order dated 28.02.1995, passed by the Additional Member, Board of Revenue, Bihar, Patna in Case No. 436 of 1993, whereby the order dated 13.04.1993, passed by the Collector, Patna in Ceiling Appeal No. 6 of 1989-90 (Annexure-3) and order dated 30.03.1989, passed in L.C. case no. 11 of 1986-87 / 05 of 1988-89 by Deputy Collector Land Reforms, Danapur, were set aside, allowing the revision application.
No one appears on behalf of the petitioner to press this application.
It appears from Annexure-4 that Additional Member,
Patna High Court CWJC No.2419 of 1995 dt.16-04-2015
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Board of Revenue, Bihar, Patna has allowed the pre-emption application of respondent no.5 in view of the fact that both are cosharers and adjoining.
The petitioner’s claim, at best, to be the only the adjoining raiyat, as such in my view, the learned Additional Member, Board of Revenue, Bihar, Patna rightly decided that respondent no.5 has the better claim.
In the result, there is no merit in this application and it is, accordingly, dismissed.
(Samarendra Pratap Singh, J.)
Uday/-
U
2 issues framed by the court
Whether the learned Additional Member, Board of Revenue, was right in allowing the pre-emption application of Respondent No.5 over the petitioner.
Whether the petitioner, as the only adjoining raiyat, has a better claim than Respondent No.5.
Smt. Kaushalya Devi
The Additional Member, Board of Revenue, Bihar, Patna
The Collector, Patna
The Deputy Collector Land Reforms, Danapur
Sri Jaleshwar Prasad Singh
Sri Ram Binay Singh
Samarendra Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
