1. This application arises out of a proceeding initiated by respondent No. 4 under Sec. 16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Ceiling Act).

2. The relevant facts are as follows : On 26-8-1974, one Md. Idris (respondent No. 5) executed a sale deed in favour of petitioner No. 1 with respect to certain lands measuring 1.50 acres situated in Mouza Shahpur in the District of Katihar, for a sum of Rs. 3,500.00. Thereupon Hari Prasad Singh (respondent No. 4) filed an application for pre-emption on the ground that he was an adjacent raiyat of the vended plots. One of the points raised in defence by the petitioners was that, in view of the provisions contained in Sec. 4(c) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as the Consolidation Act), the provisions of the Ceiling Act were rendered inoperative. The petitioners have authorities and I find that before the Board of Revenue it was conceded on behalf of the petitioners that, in view of the last proviso brought in by Bihar Act XXVII of 1975, the provision of Sec. 4(c) of the