S.N.P.Singh, J.

1. This application under Articles 226 and 227 of the Constitution arises out of a proceeding under Sec.16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter to be called "the Act").

2. The relevant facts for the disposal of this application may be stated as follows :-

- The petitioner purchased a portion of plot No. 1075 of khata No. 225 measuring 2 kathas and 1/2 dhurs of land in village Raghunathpur. police station Brahmpur, in the district of Shahabad by a sale deed which was executed on the 30th of April. 1965, and was registered on the 12th of May. 1965. It appears that three sale deeds including the sale deed in favour of the petitioner were executed on the same date in different names. Narbadeshwar Singh (respondent No. 1) filed an application under Sec.16 (3) of the Act claiming pre-emption on the ground that he was the adjacent raiyat. The application which was filed by him is dated the 26th of July. 1965. There is an endorsement on the top of the application which reads "Ceiling clerk" and it is signed by the Sub-Divisional Officer bearing the date 26th July. 1965. It appears from the or