IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1080 of 2004 In (CIVIL WRIT JURISDICTION CASE 7898/2000) Arjun Bhagat, son of Ram Chandra Bhagat, resident of village & P.S.-Sahdai Buzurg, District-Vaishali. Appellant Respondent Versus 1. The State Of Bihar 2. The Member Board of Revenue, Old Secretariat, Patna, Bihar. 3. Additional Collector, Vaishali, Hajipur. 4. The Deputy Collector, Land Reforms, Vaishali, Hajipur. Respondent-Respondents 5. Chaiti Devi, wife of Ram Baran Das, resident of village & P.S.-Sahdai Buzurg, District-Vaishali. Petitioner-Respondent 6. Sarjugia Devi, wife of Late Sarjug Bhagat, resident of village & P.S.-Sahdai Buzurg, District-Vaishali. Respondent-Respondent. ---------------------------------- For the petitioner: Mr. Vidya Keshri Kuer, Sr. Advocate Mr. Subodh Kumar, Advocate For the respondents: Mr. S. N. Choudhary, Advocate Mr. Love Kush Kumar, Advocate ----------------- 6. 08.09.2011 This Letters Patent Appeal has been filed by respondent no.5 in the writ petition against the order dated 14.09.2004 passed in C.W.J.C. No. 7898 of 2000, wherein the respondent Chaiti Devi has sought for quashing of the order passed by the authority. It is held by the learned Single Judge that the appellant herein is the adjoining raiyat. The learned Judge has further observed that the authority has disposed of the matter in perfunctory manner and no effort on the part of anyone was taken to determine whether or not the respondent No.5 appellant herein is an adjoining raiyat and disposed of the application in limine. 2 Learned senior counsel appearing on behalf of the appellant submits that the respondent no.5, appellant herein, is the adjoining raiyat of the disputed land and therefore his claim for pre-emption should be allowed. Without going into the merits of the case in view of the observation made by the learned Single Judge, it would be appropriate that the matter be remanded back to the Board of Revenue, Bihar for hearing the matter afresh after issuing notice to all the parties and also after calling a report from the appropriate authority with regard to the nature of the land in question which is the disputed land in which pre-emption has sought to be claimed. It is further observed that the report as called for shall also be taken into consideration while disposing of the matter and if the parties agree their objections shall also be entertained. All the exercise as directed above must be completed within a period of six months from the date of receipt/production of a copy of this order. With the above observation, this L.P.A. is disposed of. Ravi/- (T. Meena Kumari, J.) (Vikash Jain, J.)