Letters Patent Appeal No.1139 OF 2002 Against the judgment and order dated 10th September 2002 passed in C.W.J.C.No. 8811 of 2002 - - - - - DEO RAJ TIWARY----------------------------------Appellant. Versus THE STATE OF BIHAR & ORS---------------Respondents. Fro the Appellant : M/s Jitendra Kumar Pandey Satyendra Paneey, Advs. For the State : Mr. Arun Kumar, JC. to SC 2©. For the Respondent: Mr.Birendra Nath Mishra. Advocate. P R E S E N T THE HON'BLE MR. JUSTICE BARIN GHOSH THE HON'BLE MR. JUSTICE CHANDRA MOHAN PRASAD Barin Ghosh & C.M.Prasad,JJ The appellant exercised his right of pre-emption in respect of sale of a plot of land situate adjacent to the land held and owned by him. The first authority under the Act allowed the application. The appellate authority allowed the appeal on two grounds, namely, that the land has changed its character as it has now become a homestead land and, therefore, is no longer an agricultural land and that the land in question is outside consolidation proceedings. Inasmuch as land as defined in the Act includes homestead land, the revisional authority, who was approached by the appellant, rejected the revision application only on the ground that the land in question is outside the purview of consolidation proceeding. This is a finding of fact by two successive - 2 - authorities. In order to question such finding of fact, it was obligatory on the part of the appellant to plead and prove that such finding is ex facie erroneous and not supported by any evidence. No such attempt was made by the appellant in the writ petition filed by him which having been dismissed, the present appeal has been filed. In the writ petition, it was contended that the land in question has been shown even in the consolidation map as an agricultural land. In addition to that, nothing further was contended. Under the circumstances, we think that the writ court rightly refused to interfere with the findings of two successive authorities. The appeal, accordingly, fails and the same is dismissed. Patna High Court, Dated 12th Sept.2008 N.A.F.R.Jay/ ( Barin Ghosh,J) (C.M.Prasad,J)