Patna High Court
Most. Basmati Devi & Ors vs Amrendra Prasad & Ors on 6 May, 2015
Author: V.N. Sinha
Bench: V.N. Sinha, Nilu Agrawal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1438 of 1998
IN
Civil Writ Jurisdiction Case No. 9122 of 1997
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1(i). Most. Basmati Devi, w/o- Late Radhika Singh
2(ii). Sheo Bachan Singh, son of Late Radhika Singh.
Both are resident of Village- Sikhar, P.O.- Bara Gandhar, P.S. Muffasil, District-
Gaya.
2. Sidheshwar Singh
3. Kapildeo Singh
4. Vijai Kumar Singh
Sons of Nem Narain Singh, resident of Village- Sikhar, P.O.- Bara Gendhar Police
Station- Muffasil, District- Gaya.
.... .... Appellants
Versus
2. Amrendra Prasad
3. Chandra Kant Prasad
4. Dr. Anup Kumar Sinha, all sons of Kapildeo Prasad. All resident of Village-
Rasalpur, Police Station- Muffasil District- Gaya.
5. Nirmala Sinha, wife of Sri Saket Bihari Sinha, resident of Mohalla-
Bageshwari, Police Station- Delha, District- Gaya.
6. Manju Sinha, wife of Sri Baban Prasad, resident of Maithan More, Kumar
Dubbi Police Station- Govindpur, District- Dhanbad.
7. Gyanti Sinha, wife of Sri Sanjay Kumar Sinha, resident of Mohalla
Golbagaicha, Police Station- Kotwali, District-Gaya.
8. Rani Sinha, wife of Sri Sudhir Kumar Sinha, resident of Village- Nadaain,
Police Station- Gurua, District- Gaya.
9. Nira Sinha, wife of Sri Sanjay Kumar Sinha, resident of Mohalla- Delha, Police
Station- Delha, District- Gaya
10. Hardwar Singh, son of Sri Sidheshwar Singh, resident of Village- Rasulpur,
P.S. Muffasil, District- Gaya.
11. The State of Bihar
12. The Member Board of Revenue, Bihar, Patna.
13. The Collector, Gaya
14. The L.R.D.C., Gaya
Patna High Court LPA No.1438 of 1998 dt.06-05-2015
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15. Malti Devi, wife of Late Ramashish Singh
16. Murari Singh, son of Late Ramashish Singh
17. Chintu Singh, son of Late Ramashish Singh
18. Kanhai Singh, son of Late Ramashish Singh
19. Abinash Singh (minor), son of late Ramashish Singh under the guardianship of
his mother and natural guardian namely Malti Devi
20. Nitu Singh, D/o- Late Ramashish Singh. All are residents of Village- Tejpur,
P.S. Telhara, P.S. Islampur, District- Nalanda.
.... .... Respondents
with
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Letters Patent Appeal No. 1439 of 1998
IN
Civil Writ Jurisdiction Case No. 5180 of 97
===========================================================
1(i). Most. Basmati Devi, w/o- Late Radhika Singh
2(ii). Sheo Bachan Singh, son of Late Radhika Singh.
Both are resident of Village- Sikhar, P.O.- Bara Gandhar, P.S. Muffasil, District-
Gaya.
2. Sidheshwar Singh
3. Kapildeo Singh
4. Vijay Kumar Singh
Sons of Nem Narain Singh, resident of Village- Sikhar, P.O.- Bara Gendhar Police
Station- Muffasil, District- Gaya.
.... .... Appellants
Versus
1. The State of Bihar
2. The Member Board of Revenue, Bihar, Patna.
3. The Collector, Gaya
4. The L.R.D.C., Gaya
5. Nirmala Sinha, wife of Sri Saket Bihari Sinha, resident of Mohalla- Bageshwari,
Police Station- Delha, District- Gaya
6. Manju Sinha, wife of Sri Baban Prasad, resident of Maithan More, Kumar Dubhi,
Police Station- Gobindpur, District- Dhanbad.
Patna High Court LPA No.1438 of 1998 dt.06-05-2015
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7. Gyanati Sinha, wife of Sri Sanjay Kumar Sinha, resident of Mohalla-
Golbagiacha, Police Station- Kotwali, District- Gaya
8. Rani Sinha, wife of Sri Sudhir Kumar Sinha, resident of Village- Naidain, Police
Station- Gurua, District- Gaya
9. Nira Sinha, wife of Sri Sanjay Kumar Sinha, resident of Mohalla- Delha, Police
Station- Delha, District- Gaya
10. Hardwar Singh, son of Sri Sidheshwar Singh, resident of Village- Rasulpur,
P.S. Mufassil, Distt- Gaya
11. Malti Devi, wife of Late Ramashish Singh
12. Murari Singh, son of Ramashish Singh
13. Chintu Singh, son of Late Ramashish Singh
14. Kanhai Singh, son of Late Ramashish Singh.
15. Abinash Singh (Minor) son of Late Ramashish Singh, under the guardianship of
his mother and natural guardian namely Malti Devi
16. Nitu Singh, D/o- Late Ramashish Singh
All are residents of Village- Tejpur, P.S. Telhara, P.S. Islampur, Distt- Nalanda.
with
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Letters Patent Appeal No. 1440 of 1998
IN
Civil Writ Jurisdiction Case No. 9064 of 97
===========================================================
1(i). Most. Basmati Devi, w/o- Radhika Singh
2(ii). Sheo Bachan Singh, son of Late Radhika Singh.
Both are resident of Village- Sikhar, P.O.- Bara Gandhar, P.S. Muffasil, District-
Gaya.
2. Sidheshwar Singh
3. Kapildeo Singh
4. Vijay Kumar Singh
Sons of Nem Narain Singh, resident of Village- Sikhar, P.O.- Bara Gendhar Police
Station- Muffasil, District- Gaya.
.... .... Appellants
Versus
2. Amrendra Prasad
Patna High Court LPA No.1438 of 1998 dt.06-05-2015
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3. Chandra Kant Prasad
4. Dr. Anup Kumar Sinha, all sons of Kapildeo Prasad. All resident of Village-
Rasalpur, Police Station- Muffasil District- Gaya.
5. Nirmala Sinha, wife of Sri Saket Bihari Sinha, resident of Mohalla-
Bageshwari, Police Station- Delha, District- Gaya.
6. Manju Sinha, wife of Sri Baban Prasad, resident of Maithan More, Kumar
Dubbi Police Station- Govindpur, District- Dhanbad.
7. Gyanti Sinha, wife of Sri Sanjay Kumar Sinha resident of Mohalla Golbagaicha,
Police Station- Kotwali, District-Gaya.
8. Rani Sinha, wife of Sri Sudhir Kumar Sinha, resident of Village- Nadain, Police
Station- Gurua, District- Gaya.
9. Nira Sinha, wife of Sri Sanjay Kumar Sinha, resident of Mohalla- Delha, Police
Station- Delha, District- Gaya
10. Hardwar Singh, son of Sri Sidheshwar Singh, resident of Village- Rasulpur,
P.S. Muffasil, District- Gaya.
11. The State of Bihar
12. The Member Board of Revenue, Bihar, Patna.
13. The Collector, Gaya
14. The L.R.D.C., Gaya
15. Malti Devi, wife of Late Ramashish Singh
16. Murari Singh, son of Late Ramashish Singh
17. Chintu Singh, son of Late Ramashish Singh
18. Kanhai Singh, son of Late Ramashish Singh
19. Abinash Singh (minor), son of late Ramashish Singh under the guardianship of
his mother and natural guardian namely Malti Devi
20. Nitu Singh, D/o- Late Ramashish Singh. All are residents of Village- Tejpur,
P.S. Telhara, P.S. Islampur, District- Nalanda.
.... .... Respondents
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Appearance :
For the Appellants : Mr. Dhruv Narayan, Sr. Advocate.
For the State : Mr. Rajiv Kumar Singh, Advocate.
For the Respondents : Mr. R.K. Sinha II, Advocate.
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CORAM: HONOURABLE MR. JUSTICE V.N. SINHA
and
HONOURABLE JUSTICE SMT. NILU AGRAWAL
Patna High Court LPA No.1438 of 1998 dt.06-05-2015
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ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE V.N. SINHA)
Date: 06-05-2015
These three appeals arise out of order date
14.10.1998passed in three writ petitions, whereunder claim of the purchasers of the lands-in- question was upheld non-suiting the heirs of the preemptor who had succeeded before the Collector under the Act i.e. D.C.L.R., appellate court i.e. Collector of the district, thereafter before the Board of Revenue. The writ petitions were, however, allowed observing in paragraph 11 of the impugned order as follows:-
"In the present cases, as the right of preemption of the preemptor Mangal Singh extinguished on transfer of adjoining land on 21st March, 1987, during the pendency of the appeals, as he transferred all his lands to other persons, during the pendency of such appeals, the right of preemption of said Mangal Singh and thereafter the heirs, stood extinguished on that date. In the aforesaid circumstances, the appellate and revisional authorities should have rejected the claim of preemption as was originally preferred by Mangal Singh."
2. Learned counsel for the appellants Patna High Court LPA No.1438 of 1998 dt.06-05-2015 6/7 assailed the said finding recorded by the learned Single Judge as according to him the Supreme Court judgment in the case of Ramji Lal and others AIR 1996 Supreme Court 3338 is not applicable to the facts of the present case. It is submitted that the said judgment was delivered considering the preemption provisions in the Haryana Act where only raiyat is entitled to claim preemption, not the co-owner. It is submitted that under the provisions of Bihar Act co- sharer as also the boundary raiyat are entitled to claim preemption and the fact that during the pendency of the Land Ceiling Appeal before Collector the preemptor Mangal Singh, his daughter Kali Devi transferred all their land including the land on the basis of which claim of preemption was raised to Radhika Singh and others will not affect the right of the preemptor as Radhika Singh and others have stepped into the shoes of the original preemptor Mangal Singh. Notwithstanding the aforesaid submission learned counsel for appellants preemptor has accepted the position that all through since the execution of the sale-deed on 19.09.1980 the purchaser is in possession, in that view of the matter, Patna High Court LPA No.1438 of 1998 dt.06-05-2015 7/7 we are not inclined to interfere in these appeals, which are dismissed.
(V.N. Sinha, J)
(Nilu Agrawal, J)
P.K.P.
U T