IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.714 of 2008 ----- 1. Ghuran Thakur, Son of Jai Mangal Thakur 2. Smt. Jogmaya devi, Wife of Dhaneshwar Thakur. Both are resident of Village-Mahipura, Police Station-Jandaha, District-Vaishali. … .. Appellants. Versus 1. The State of Bihar. 2. The Member, Board of Revenue, Bihar, Patna. 3. The Collector, Vaishali at Hajipur. 4. The Deputy Collector, Land Reforms, Vaishali at Hajipur. 5. The Deputy Collector, Land Reforms at Mahua, Vaishali. 6. Nand Lal Singh, Son of Bodhi Singh. 7. Dayanand Singh, Son of Bhola Singh. 8. Parmanand Singh, Son of Bhola Singh. All 6 to 8 are resident of village-Mahipura, Police Station- Jandaha, District-Vaishali. Respondent … .. Respondents ----------- For the appellants : Mr.Amar Nath Singh, Advocate For the respondents : None ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------ Dated, the 29th September, 2008 We heard counsel for the appellants. 2. The counsel for the appellants would contend that the subject land is recorded as “Basti” in Chakbandi, and, therefore, it is - 2 - not an agricultural land. 3. We read the entire order of the Member, Board of Revenue and the counsel for the appellant could not show us therefrom that this argument was canvassed before the Member, Board of Revenue. All the revenue courts as well as the Single Judge held that the subject land is an agricultural land and right of pre- emption was available. 4. We have no justifiable reason to take a view different from that of the authorities as well as the court which have taken the concurrent view. 5. LPA is dismissed in limine. R. M. Lodha, CJ Kishore K. Mandal, J. Sunil