IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7601 of 2004 BABULAL SHAHI S/O Babu Ram Shahi, Resident of Village- Karmashi, P.S. Bhore, P.O. Sisai, District- Gopalganj. ------------------Petitioner Versus 1. THE STATE OF BIHAR. 2. The Additional Member, Board of Revenue Bihar, Patna. 3. The Collector, Gopalganj, District- Gopalganj. 4. The Deputy Collector of Land Revenue, Hathwa, District- Gopalganj. 5. Dharamwati Devi W/O Ram Bachan Rai @ Lal Bachan Rai. 6. Smt. Kapilawati Devi W/O Kawaldeo Rai Both 5&6 are Resident of Village- Karmashi, P.O. Sissai, P.S. Bhore, District- Gopalganj. -------------- Respondents. ----------- 3. 15.11.2010 Petitioner is Pre-emptor and has challenged the order dated 31.1.2004 passed by the Additional Member, Board of Revenue, Bihar, Patna wherein he has directed that since the purchaser and the pre-emptor are both claiming to be the boundary raiyat of the disputed land, a spot verification of the disputed land would necessarily be required, for reaching the correct conclusion in this case. The order passed in the year 2004 and has remained pending in this Court. In the meantime, the parties have not been informed by the respective claimants whether the spot verification has been undertaken. I see no illegality in the order of the Additional Member, Board of Revenue. This Court accordingly, directs that spot verification should be done, the - 2 - petitioner and the opposite party should appear before the Circle Officer, Gopalganj within a period of 8 weeks of receipt of a copy of this order. The Circle Officer, Gopalganj will notice the vendor and conduct the enquiry in presence of the petitioner and respondents, as well as the vendor. The disputed lands are appertaining to Khata No. 85, Plot No. 398 area 01 Khata 05 Dhurs, as well as lands of 07 Khata 15 Dhurs, situated in village- Karmashi, P.S. Bhore, within the District of Gopalganj. The Circle Officer, Gopalganj should submit his report within a period of 6 months on receipt of the order. The Additional Member, Board of Revenue, Bihar, Patna should dispose of the matter as soon as possible, after the receipt of the report from the Circle Officer. This application is disposed of with the aforesaid observation and direction. Anand Kr. (Sheema Ali Khan, J.)