Krishna Chandra Pramanik And Ors. vs Hari Sadan Sahana And Anr. on 2 September, 1981
7. Mr. Mukherjee on the other hand relied on the Supreme Court decision in the case of Hiralal Aggarwal v. Ram padarath, where the application for pre-emption though filed on a day when the registration was yet to be made complete, the interim order
under Section 16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area & Acquisition of Surplus Land) Act, was passed after completion of registration and such an order was upheld by the Supreme Court. According to Mr. Roychowdhury this decision cannot support Mr. Mukherjee because, in this case the Supreme Court on review of facts found that the application itself was not actually entertained by the Collector before completion of the registration though it was formally presented in Collector's office on a prior date. But it has been rightly pointed out by Mr. Mukherjee that such a finding had to be recorded because under the Rules, the Collector could not entertain the application unless a copy of the registered sale deed was annexed thereto.