IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1311 of 2011 In Civil Writ Jurisdiction Case No. 14248 of 2005 With Interlocutory Application No. 6459 of 2011 In Letters Patent Appeal No.1311 of 2011. ====================================================== Ram Kripal Singh, S/o Ram Prasad Singh, R/o Village – Dhandhua, P.O. Dhandhua, P.S. Jandaha, District - Vaishali .... .... Appellant/s Versus 1. The State of Bihar 2. Member, Board of Revenue, Bihar, Patna 3. The Collector, Vaishali at Hajipur 4. D.C.L.R., Mahua, Vaishali at Hajipur 5. Awadh Kishore Singh 6. Lal Kishore Singh Both 5 and 6 are sons of late Ram Nandan Singh, resident of Village Dhandhua, P.S. Jandaha, P.O. Dhandhua, District Vaishali .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Satish Kumar Sinha and Mr. Ansul, Advocates. For the Respondent/s : Mrs. Kumari Amrita, GP 10. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 19-09-2011 Re. Interlocutory Application No. 6459 of 2011. The delay of 1 day occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of. Re. Letters Patent Appeal No. 1311 of 2011. Patna High Court LPA No.1311 of 2011 (2) dt.19-09-2011 2 / 3 2 This Appeal preferred by the writ petitioner no. 1 arises from the judgment and order dated 27th April 2011 passed by the learned single Judge in above CWJC No. 14248 of 2005. The matter at dispute is the purchase of the land appertaining Khata No. 122, Khesara No. 168, admeasuring 5 decimals situated at Village - Bhagwanpur, District - Vaishali by respondent nos. 5 and 6 under the registered sale deed dated 7th August 2000 from one Bipin Kumar Singh, the original owner. Feeling aggrieved by the aforesaid transfer of land, the writ petitioners, being adjoining raiyat, lodged a claim for pre- emption under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus land) Act, 1961. The said claim for pre-emption has been rejected by the Deputy Collector Land Reforms, the Board of Revenue and the learned single Judge. It has been held that the purchasers of the land in question were the landless persons and the claim for pre-emption against landless persons did not lie. In view of the said finding, the learned single Judge has dismissed the writ petition. Feeling aggrieved, the petitioner no. 1 has preferred the present Appeal. Learned Advocate Mr. Satish Kumar Sinha has appeared for the appellant. He has submitted that the respondent nos. 5 and 6, the purchasers, are the sons of one Ram Nandan Singh. The said Ram Nandan Singh held land in Village – Dhandhua in the District Vaishali as evidenced from the Khatiyan (Annexure 5 to the writ petition). The said purchasers, therefore, cannot be said to be the landless persons. We are unable to agree with Mr. Sinha. The purchasers cannot be held to be the owners of the land standing in Patna High Court LPA No.1311 of 2011 (2) dt.19-09-2011 3 / 3 3 the name of their father on the premise that on some future date they will inherit the said land under the law of succession. In view of the concurrent finding recorded by the learned single Judge, the Board of Revenue and the Deputy Collector Land Reforms, we see no substance in this Appeal. Appeal is dismissed in limene. Dilip. (R.M. Doshit, CJ) (Birendra Prasad Verma, J)