Hari Lal Agrawal, J.

1. This application under Articles 226 and 227 of the constitution of India has been filed by the petitioner for quashing the order of the Additional Collector of Patna, dated 22,2.1973 (annexure 2) and the additional Member of the Board of Revenue, dated the 30th December, 1975 (annexure 3) rejecting his application for pre-emption filed under section 16 (3)of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus land) Act, 1961 (hereinafter to be called as the Act ).

2. The undisputed facts are these. The plot in question is survey plot no.635 of village Jaitia in the district of Patna having a small area of two decimals. This plot was purchased by respondents 6 and 7 in the name of rajbellam Mahato by a registered sale-deed, dated 25.1.1941. It is said that there was a private partition between the brothers and on that account the northern half of plot no.635 measuring one decimal was alloted to Rampravesh mahato (respondent no.6) while the southern half measuring one decimal was allotted to Rajballam Mahato. On 17.12.1967 respondent no.6 had sold his one decimal to Satyadeo Singh, respondent no.5 by a registered deed of sale. I