IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.883 of 2008 ***** Ramayan Sah, son of Late Nathuni Sah, resident of Village-Arwan Kothi, P.O.-Arwan, Via-Nagra, P.S.-Khaira, District – Saran. …. …. Pre-emptor/Petitioner/Appellant. Versus 1. The State of Bihar. 2. The Additional Member, Board of Revenue, Bihar, Patna 3. Additional Collector, Saran, Chapra. …. …. Respondents/Respondents 1st Set. 4. Chanmaniya Devi, wife of Asharfi Mahto, resident of Village-Arwan Kothi, P.O.-Arwan, Via-Nagra, P.S.-Khaira, District – Saran. …. …. Purchaser/Respondent/Respondent 2nd Set. 5. Bhageran Singh alias Bhagirath Singh, son of Late Adalat Singh, resident of Village-Arwan Kothi, P.O.-Arwan, Via-Nagra, P.S.-Khaira, District – Saran. …. …. Vendor/Respondent/Respondent 3rd Set. 6. Jaglal Sah, son of Late Nathuni Sah, resident of Village-Arwan Kothi, P.O.-Arwan, Via-Nagra, P.S.-Khaira, District – Saran. …. …. Pre-emptor/Respondent/Respondent 4th Set. ----------- For the Appellant: Mr. Nagendra Rai, Advocate For the State : Mr. R.P.Bharti, Standing Counsel-XIV Mr. Ajay Kumar, Junior Counsel to Standing Counsel-XIV Mr. Aslam Ansari, Junior Counsel to Standing Counsel-XIV Mr. Laxman Paswan,Junior Counsel to Standing Counsel-XIV ---------- 4. 23.12.2008. I.A. No. 6639 of 2008: This application has been filed for condoning the delay in filing the appeal. According to the Stamp Reporter, the appeal is barred by limitation by 3 days. For the reasons stated in the application, delay in filing the appeal is condoned. Application stands allowed. Writ petitioner-appellant aggrieved by order dated 25th August, 2008 passed by the learned Single Judge in C.W.J.C. No. 11626 of 2006 has preferred this appeal under Clause 10 of - 2 - Letters Patent. The writ petitioner-appellant claiming to be an adjoining raiyat filed application for pre-emption under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. The area of the land is 1 katha 4-1/2 dhurs. An Advocate Commissioner was appointed, who in his report has stated that purchaser had raised a house/shop over the land in question. The Revenue authorities including the Board of Revenue have held that nature of the vended land has changed and accordingly rejected the application for pre-emption. The learned Single Judge concurred with the said conclusion and dismissed the writ petition. We do not find any error in the same. The appeal stands dismissed in limine. Pawan/- (Chandramauli Kr. Prasad, ACJ.) (Dr. Ravi Ranjan, J.)