IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1260 of 2011 In Civil Writ Jurisdiction Case No. 2664 of 2006 With Interlocutory Application No. 6233 of 2011 In Letters Patent Appeal No.1260 of 2011. ====================================================== Basudeo Pal, son of late Jagdeo Pal, resident of Village – Redia, P.O. & P.S. – Baroon, District – Aurangabad (Bihar) .... .... Petitioner / Appellant Versus 1. The State of Bihar, 2. The Addl. Member, Board of Revenue, Bihar, Patna, 3. The Addl. Collector, Aurangabad, Bihar, 4. Land Reforms Deputy Collector, Aurangabad, Bihar, 5. Manmatia Devi, W/o Jagdish Pal, resident of Village – Chauriya, P.O. & P.S. – Aurangabad, District – Aurangabad, Bihar .... .... Respondents / Respondents. ====================================================== Appearance : For the Appellant : Mr. Jitendra Prasad Singh and Mr. Abhishek, Advocates. For the State : Mr. Rajeev Kumar Singh, GP 15 and Mr. Sanjeev Kumar Singh, AC to GP 15. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 12-09-2011 Re. Interlocutory Application No. 6233 of 2011. The delay of 15 days occurred in filing the Letters Patent Appeal is condoned. Re. Letters Patent Appeal No. 1260 of 2011. This Appeal under Clause 10 of the Letters Patent is preferred by the writ petitioner against the common judgment and Patna High Court LPA No.1260 of 2011 (2) dt.12-09-2011 2 / 3 2 order dated 13th May 2011 passed by the learned single Judge in so far as the above C.W.J.C. No. 2664 of 2006 has been dismissed by the learned single Judge. The subject matter at dispute are the pieces of lands of Khata No.18, Plot No. 98 admeasuring 2 ¾ decimals; Khata No. 23, Plot No. 51 admeasuring 34½ decimals and Khata No. 24, Plot No. 84 admeasuring 27 ¾ decimals situated in Village - Redia, Police Station - Baroon, District - Aurangabad. The said parcels of land have been sold by its original owner one Sukhdeo Pal to the respondent no.5 under a registered sale deed dated 14th February 2003. Feeling aggrieved the appellant claimed right to preemption on the ground that he was the co-sharer of the vendor and the raiyat of the contiguous parcel of land. The revenue authorities below upheld the claim of the appellant. However, in Revision before the Board of Revenue, by order dated 29th November 2005 the claim was rejected on the sole ground that the purchaser Manmatia Devi was a landless person. The said order dated 29th November 2005 and the finding that the purchaser was a landless person have been confirmed by the learned single Judge by the impugned judgment and order dated 13th May 2011. Therefore, the present Appeal. Learned advocate Mr. Jitendra Prasad Singh has appeared for the appellant. He has assailed the finding that the purchaser Manmatia Devi was a landless person. He has relied upon the certificate dated 23rd January 2004 issued by the concerned Circle Officer. He has submitted that more than 12 acres of land stands in the name of one Rambilash Bhagat. The said Rambilash Bhagat is the father-in-law of the purchaser Manmatia Devi. He has submitted that though the lands stand in Patna High Court LPA No.1260 of 2011 (2) dt.12-09-2011 3 / 3 3 the name of the father-in-law of the purchaser, the purchaser is the real owner of the said land. We are unable to accept this contention. There is nothing on the record to suggest that the purchaser, the respondent no.5, is the real owner of the lands standing in the name of the aforesaid Rambilash Bhagat. In absence of any material to connect the said lands with the purchaser except that she might inherit a part of it as and when the occasion arises, the finding that the purchaser was a landless person cannot be interfered with. No other contention has been raised before us. We see no merit in this Appeal. The Appeal is dismissed in limine. Interlocutory Application stands disposed of. Dilip. (R.M. Doshit, CJ) (Birendra Prasad Verma, J)