IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.7934 OF 2002 SMT.SHAKUNIA DEVI, WIFE OF RUDRA NARAIN CHOUDHARY, RESIDENT OF VILLAGE GALIMPUR, POST OFFICE LOHCHI, POLICE STATION KHARAGPUR, DISTRICT MUNGER ……………………………………………………….PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH THE COLLECTOR, MUNGER 2. RAMASHRAY SINGH, SON OF LATE HARDEO PRASAD SINGH 3. PRAMOD KUMAR SINGH, SON OF LATE HARDEO PRASAD SINGH 4. AHSARFI DEVI, WIFE OF LATE HARDEO PRASAD SINGH 5. MALTI DEVI, DAUGHTER OF LATE HARDEO PRASAD SINGH 6. SHANTI DEVI, DAUGHTER OF LATE HARDEO PRASAD SINGH 7. MOST. SABIA DEVI, WIFE OF LATE NATHUNI MANJHI 8. MATUKI MANJHI, SON OF LATE NATHUNI MANJHI 9. JAMADAR MANJHI, SON OF LATE NATHUNI MANJHI 10. HARI LAL MANJHI, SON OF LATE NATHUNI MANJHI 11. POLICE MANJHI, SON OF LATE NATHUNI MANJHI 12. MUNGERI MANJHI, SON OF LATE NATHUNI MANJHI 2 TO 12 ARE RESIDENT OF VILLAGE GALIMPUR, POST OFFICE LOHCHI, POLICE STTION KHARAGPUR, DISTRICT MUNGER 13. THE DEPUTY COLLECTOR LAND REFORMS, KHARAGPUR, MUNGER …………………………………………………………………………RESPONDENTS ******** 10 16/08/2010 I.A. No. 6441 of 2010 has been filed to expunge the name of respondent no. 4 from the memo of this writ application as respondent no. 4 has died during the pendency of this case. The legal heirs of respondent no. 4 are already on record as respondents 2, 3, 5 and 6. This application is allowed. The office is directed to expunge the name of deceased respondent no. 4 from the memo of this writ application. The petitioner is the purchaser and was aggrieved by the order dated 05.06.2002 passed by the Additional Member, Board of Revenue, Bihar, Patna and - 2 - the order dated 21.06.1996 passed by the Deputy Collector Land Reforms in favour of the respondent-pre- emptor. The short facts are that the petitioner was in possession of Khata No. 57 Khesra No. 137 situated in village Brindavan, measuring 26 decimals of land by virtue of a conditional mortgage executed by the vendor in favour of the petitioner, on 02.05.1988. Later, by two sale deeds dated 04.06.1993, the petitioner purchased the aforesaid lands. Sale deed no. 3186 was for a consideration amount of Rs. 9500/- for 20 decimals of land, whereas sale deed no. 3185 was for a consideration amount of Rs. 3000/- for 06 decimals of land. The said sale deeds were registered on 30.06.1994. Learned Counsel for the petitioner has relied on a Division Bench decision of this Court in the case of Nathuni Mahto vs. State of Bihar & Ors. , reported in 2004 (2) PLJR 334 and in the case of Ram Roop Yadav vs. State of Bihar, reported in 1987 PLJR 455. In the aforesaid two decisions, this Court has held that the purchaser who has purchased a plot or piece of land by two sale deeds becomes an adjoining raiyat of the lands so purchased by virtue of purchase by other sale deed vice-a-versa and as such the pre-emptor cannot claim land on the ground of being adjoining raiyat, as the appellant is already an - 3 - adjoining raiyat. This being the legal position, this Court does not think it necessary to go into the other issues raised on behalf of the petitioner regarding the nature of lands in question. I accordingly quash the orders impugned dated 05.06.2002 (Annexure-3) and order dated 21.06.1996 (Annexure-1). This application is allowed for the reasons aforesaid. Anand ( Sheema Ali Khan, J. )