IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8634 of 2010 1. PARMESHWARI YADAV, S/O LATE KALI YADAV, R/O VILLAGE AND P.O. MANULLAHPATTI TOLA, RAHARIA,P.S. BHARGAMA,DISTRICT- ARARIA. 2. MOSTT. PANO DEVI, W/O LATE SAHDEO BAITHA, R/O VILLAGE AND P.O. MANULLAHPATTI TOLA, RAHARIA,P.S. BHARGAMA,DISTRICT- ARARIA - Petitioners. Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER PURNEA DIVISION,PURNEA. 2. THE ADDITIONAL COLLECTOR, ARARIA. 3. THE DEPUTY COLLECTOR, LAND REFORMS,FORBESGUNJ,ARARIA. 4. BHUPENDRA YADAV, S/O LATE YAMUN YADAV, R/O VILLAGE AT P.O. MANULLAHPATTI TOLA - RAHARIA, P.S. BHARGAMA, DISTRICT ARARIA. 5. MOSTT. GYANI DEVI, W/O LATE MAHESHWAR PRASAD SINGH, R/O VILLAGE AT P.O. RAMPUR AADI,P.S. BHARGAMA, DISTRICT- ARARIA - Respondents. ----------- 2 25.6.2010 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners have filed this writ petition challenging the order, dated 14.10.2009 of the Deputy Collector Land Reforms which has been passed after the matter was remanded by the Commissioner to conduct a detailed enquiry and also to verify the status of the land by making spot inspection / enquiry. By the said order the Deputy Collector Land Reforms has dismissed the petitioners’ application. The petitioners are the original purchasers and respondent no. 4 is the pre-emptor. The grounds raised on behalf of the petitioners is that the court has not allowed the pre-emption application on the ground that father of respondent no.4 is a boundary raiyat as respondent no.4 has three other brothers and three sisters. All of them would eventually inherit the land and as such it is submitted that unless the pre-emptor show that there was a partition between the family and he was allocated the land on the boundary, it 2 cannot be said that he is a boundary raiyat. In any event the proper course for the petitioners would be to file an appeal against the order, dated 14.10.2009. I accordingly grant liberty to the petitioners to file an appeal. The court hearing the appeal will sympathetically consider the limitation petition filed on behalf of the petitioners in view of the fact that they were pursuing legal remedy. This writ petition is disposed of with the aforesaid observations. haque (Sheema Ali Khan, J.)