Aftab Alam, J.@mdashHeard Mr. Ram Kumar Sharma, Senior Advocate appearing for the petitioners. This writ petition arises from a pre-emption proceeding u/s 16(3) of the Land Ceiling Act.
2. The petitioner is the pre-emptor having lost before all the three courts. On 5.11.1985 Smt. Sudarshan Kumari Devi, respondent No. 6 executed a sale deed in favour of respondent No. 5. By the sale deed she transferred in her favour a piece of land 1 katha and 5 dhurs in area. On the following day, 6.11.1985, the vendor executed a second sale deed in respect, of the vendee with regard to an equal area from the same plot. The two pieces of land were contiguous.
3. On completion of registration the petitioners raised the claim of pre-emption by filing a single petition u/s 16(3) of the Act after depositing the aggregate of the two consideration amounts plus 10%. The D.C.L.R., the Addl. Collector and the Board of Revenue rejected the claim of the petitioners holding that a single application for pre-emption in respect of the transfers made under two sale deeds was not maintainable. The Board of Revenue further pointed out that by virtue of purchasing the land on two different dates under two sale deeds the vendee had herself become an adjoining raiyat in respect of each of the two vended pieces. On hearing Mr. Ram Kumar Sharma and on going through the orders coming under challenge I find no infirmity in the view taken by the authorities under the Act. I find no merit in this writ petition. It is accordingly dismissed.
