The High Court of Patna dismissed the Letters Patent Appeal against the denial of the right of pre-emption. The Court held that the petitioner was not entitled to pre-emption as she was the owner of 7 Bighas of land and not a landless person.
The appeal was dismissed and the impugned order refusing pre-emption to the petitioner was 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.1460 of 2016 In
Civil Writ Jurisdiction Case No.16291 of 2015
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Radhika Devi Wife of Late Jethu Rai Resident of Village - Bhagwanpur, P.O. - Fatehpur Chain, P.S. - Awtar Nagar, District - Saran (Bihar).
... ... Appellant/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. For the Respondent/s : Mr. Narendra Kumar, Mr. Dhananjay Kr. Shahi, Adv. Mrs. Archana Minakshi, Adv. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 03-11-2017
Delay of 161 days in filing of the appeal is condoned and I.A. No.5599 of 2016 is allowed and disposed of.
Based on a concurrent findings recorded by the Bihar Land Tribunal and the learned Writ Court, it is seen that the
Patna High Court LPA No.1460 of 2016 dt.03-11-2017 2/2
petitioner was not entitled to the right of pre-emption on account of the fact that she was the owner of 7 Bighas of land and not a landless person.
The above finding of fact is based on the materials available on record and we see no reason to take a different view in the matter than the one taken. The appeal is dismissed.
(Rajendra Menon, CJ)
( Anil Kumar Upadhyay, J)
K.C.Jha/-
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| Uploading Date | 8.11.2017 |
| Transmission Date |
3 issues framed by the court
Whether the petitioner was entitled to the statutory right of pre-emption.
Whether the finding that the petitioner was not a landless person could be challenged in this appeal.
Whether the concurrent findings of the Bihar Land Tribunal support the refusal of pre-emption.
Radhika Devi
The State of Bihar
Rajeshwar Rai
Dharam Nath Singh
Rameshwar Rai
Bhola Rai
Rajendra Menon
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
