IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.659 of 2004 1. Parshuram Choudhary son of late Suba Choudhary 2(i) Most. Panna Kuer W/o late Ramjee Choudhary 2 (ii) Haribans Choudhary 2 (iii) Harendra Choudhary Both sons of late Ramjee Choudhary Residents of village Bhitauli, P.S. Drauli, District Siwan ..... Appellants (Petitioners in the writ application) VERSUS 1.The State of Bihar 2.The Addl. Member Board of Revenue, Bihar, Patna 3.Jagdish Dubey 4.Satya Narain Dubey All sons of Jagat Narain Dubey 5. Jai Narain Dubey No.3 to 5 all resident of village Bhituali, P.S. Darauli, District Siwan ... Respondent 1st (pre-emptor) (Respondent 1st set in the writ application) 6. Devendra Nath Rai S/o late Dharam Nath Rai, resident of village Sistar P.S. Sikardarpur, District Baliya (U.P.) at present residing at village Bhitauli, P.S. Drauli, District Siwan. ... .... Respondent 2nd set(Vendors) (Respondent 2nd set in the writ application) 7.Ramdeo Pandey Both sons of Sheo Bahal Pandey 8. Chandeshwar Pandey 9. Rabindra Pandey S/o late Rajdeo Pandey No.7 to 9 all resident of village Bhitauli, P.S. Drauli, Distreict Siwan ..... Respondent 3rd set (Respondent 3rd set in the writ application) ------- 2 7 5.11.2009 Head the parties. This appeal arises out of a pre-emption matter under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. The authorities under the Act allowed the claim of pre-emption and the writ petition preferred by the purchasers, who are the appellants, was dismissed. Now, the petitioners, who are purchasers and the pre-emptors, who are respondents no.5,6 and 7, have entered into a compromise and the terms of the compromise have been incorporated in paragraphs 5,6 and 7 of IA No.6622 of 2009. The said I A has been listed for orders and the prayer in the IA is to dispose of this appeal in terms of the compromise between the contesting parties i.e. the appellants and private respondents no.5, 6 and 7. Counsel for both the parties have supported the factum of compromise and both have prayed for disposal of the appeal in terms of facts incorporated in the aforesaid IA. Learned counsel for the State accepts that the State is only a pro forma party and it has no interest in the subject matter except that the dispute is settled in 3 accordance with law. In the facts of the case, the prayer made in the IA is allowed and this appeal is disposed of finally in terms of the compromise as mentioned in the relevant paragraphs of the said IA. Paragraphs 5, 6 and 7 of the said IA are reproduced herein below and they shall be treated as part of this order. “5. That it has been agreed between the parties that out of 12 kathas land in dispute the appellants/ petitioners will hold 6 kathas land which are as follows :- Khata No. Plot Nos. Area K - Dhurs 251 782 2- 11 281 2284 1- ½ 2318 1- 0 2319 1- 8 ½ Total 6.00 And Respondent nos. 5 to 7 will hold 6 kathas lands which are as follows :- Khata No. Plot Nos. Area K - Dhurs 251 782 2- 11 456 2214 2215 1- 1 281 2282 1- 2 ½ 834 1167 0- 19 2319 0- 6 ½ Total 6.00 6. That it has also been agreed between the parties that aforesaid 6 kathas land will be executed by appellants/ petitioners in favour of the Respondents nos. 5 to 7 which have been earlier mentioned in paragraph no.5 of the 4 sk aforesaid Interlocutory application and remaining 6 kathas land will be hold by the appellants/ petitioners. 7. That it has also been agreed that after disposal of the aforesaid L.P.A. No.659 of 2004 on the basis of the compromise the Respondent nos.5 to 7 will withdraw the consideration money along with 10% thereof deposited in the Treasury in the name of Collector at the time of filing of the said pre-emption application. The appellants/ petitioners will have no objection to the said withdrawal of the said amount by the Respondent nos.5 to 7. Thereafter Respondent nos.5 to 7 will pay the half amount consideration money along with 10% to the appellants/ petitioners.” The appeal is, accordingly, disposed of. (Shiva Kirti Singh,ACJ) (Shyam Kishore Sharma,J.)