Untwalia, J.

1. Shrimati Hasiba Khatoon, respondent 5, purchased the land bearing plot 994 measuring 0.12 acre appertaining to kihata 16, tauzi 1967, in village Ekil Dhonrha in the district of Gava, with, a house standing thereon for Rs. 800.00 from Mst. Bibi Kaniz Fatma. respondent 6, and Mst. Bibi Uzra Khatoon, respondent 7, The purchase was by a sale deed executed on 16-8-1965 which, as mentioned in the order of the Board of Revenue, seems to have been, registered completely in a few days. Shri Mohammad Yusuf. the sole petitioner In this writ application, filed an application on 27-9-1965 under Sec.16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (Bihar Act 12 of 1962), hereinafter called the Act, for pre-emption claiming to be an adjacent raiyat of the land comprised in plot 996 which, according to him, was to the west of plot 994. The petitioners land comprised in plot 996 also is a homestead piece of land over which stands the house of the petitioner.

2. By order dated 25-7-1966 (Annexure 1) the Sub-divisional Officer. Jehanabad. respondent 3, dismissed the application filed by the petitioner under Sec.16 (3) of the