Supreme Court of India · 2016-04-12
KEDAR MISHRA vs STATE OF BIHAR .
- Citation / case number
- SC 2011/4513
- Court
- Supreme Court of India
- Petitioner
- KEDAR MISHRA
- Respondent
- STATE OF BIHAR .
- Author
- R. BANUMATHI
- Bench
- T.S. THAKUR,R. BANUMATHI,UDAY UMESH LALIT
Judgment text excerpt
The Supreme Court upheld the right of pre-emption under Rule 19 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Rules, 1963, affirming that the appellant, Kedar Mishra, was entitled to pre-empt the sale of land as both an adjoining landowner and co-sharer. The Court found that the High Court's dismissal of the writ petitions for insufficient compliance with procedural requirements was erroneous. Consequently, the Court reversed the High Court's decision and reinstated the orders favoring the appellant's claim of pre-emption.