IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1262 of 2011 In Civil Writ Jurisdiction Case No. 16039 of 2005 ====================================================== 1.Budheshwar Ram @ Budheshwar Prasad, S/o Late Gopi Ram, R/o Vill. Rampur, P.S. Jamhore, Distt. Aurangabad. .... Petitioner .... Appellant Versus 1. The State of Bihar. 2. The Additional Member, the Board of Revenue, Old Secretariat, Patna. 3. The District Magistrate, Distt. Aurangabad. 4. The Deputy Collector, Land Reforms, Distt. Aurangabad. 5. Simirati Devi, W/o Shyamlal Ram, R/o Vill. Rampur, P.S. Jamhore, Distt. Aurangabad. ....Respondents .... Respondents ====================================================== Appearance : For the Appellant/s : Mr. Rajendra Prasad Singh, Sr. Advocate with Mr. Onkar Kumar, Advocate with Mr. Mukesh Kumar Singh, Advocate For the Respondent/s : -------------- ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2/ 19-09-2011 Feeling aggrieved by the judgment and order dated 28th April 2011 passed by the learned single Judge in above CWJC No.16039 of 2005, the respondent no.5, the preemptor has preferred this Appeal under Clause 10 of the Letters Patent. The subject matter of dispute is the sale of land Patna High Court LPA No.1262 of 2011 (2) dt.19-09-2011 2 admeasuring 9 ½ decimals appertaining to Khata no. 27, Plot no. 195 of Village Rampur, P.S. Jamhore, District Aurangabad. The said piece of land was sold by its owner to the respondent no.5, the writ petitioner, by a registered sale deed dated 28th June 2004. The appellant, being the adjoining raiyat, lodged claim of preemption under Section 16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. The appellant’s claim has been rejected on the premise that the purchaser herself is the adjoining raiyat of the land purchased by her. The aforesaid finding is not disputed before us. In view of purchaser herself being the adjoining raiyat, the right of preemption claimed by the appellant has rightly been rejected. No case for interference is made out. The Appeal is dismissed in limine. Anjani /- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)