In Brief
Kedar Mishra claimed pre-emption rights over land sold by his relative Ramadhar Mishra. He deposited the requisite ten percent of the purchase price in the treasury but under an incorrect budget head (0029 L.R. instead of 2029 Land Revenue). The High Court dismissed his pre-emption applications on the ground of non-compliance with prescribed deposit procedures. The Supreme Court held that a raiyat cannot be denied the substantive right of pre-emption for a technical error in treasury deposit heads, provided the actual money reaches the treasury. The Court remitted the case for reconsideration on merits, emphasizing that legal literacy of raiyats should be considered and pedantic procedural approaches should be avoided.
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