IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.367 of 2008 SUNITA DEVI Versus THE STATE OF BIHAR & ORS ----------- For the Appellant : Mr. B.N.Mishra, Advocate Mr. S.N.Rai, Advocate For the State : Mr. Ajay, Standing Counsel-III (Ceiling) ------------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ---------- Dated, the 24th July, 2008. The counsel for the appellant does not dispute that by virtue of a Division Bench decision of this Court, right of preemption exercisable under Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, can be defeated by the purchaser, if he or she is landless. He also does not dispute that the appellant’s claim of preemption has been rejected by the Member, Board of Revenue and confirmed by the Single Judge of this Court on the ground that the purchaser was a landless lady. Despite our repeated query, counsel for the appellant could not show anything from the material placed in the writ petition or in the appeal that the purchaser (respondent no.2) was not a landless lady. 2. In this view of the matter, the impugned order does not call for any interference. - 2 - 3. Letters patent appeal is dismissed in limine. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-