S.S.SANDHAWALIA, J.

1. The significant issues that come to the fore in this civil writ jurisdiction case admitted to hearing by the Full Bench may be conveniently formulated in the terms following :

(1) Can the issue of benami ownership be raised and investigated into in the pre-emption proceedings under S.16(3), Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act 1961?

(2) Whether the case of Narendra Kumar Ghose alias Pheli Ghose V/s. Sheodeni Ram (AIR 1972 Pat 1) answering the aforesaid question in the affirmative has been correctly decided?

(3) Whether it is incumbent for the Court for the pre-emptor to implead and bring on the record the real owner of the property sought to be pre-empted (despite the presence of the ostensible owner) in a proceeding under S.16 (3) of the Act aforesaid?

2. The facts are not in serious dispute. By a registered deed executed on the 17th of March, 1979, a plot bearing R. S. P. No. 415 situated in village Chakipur was purchased by Debendra Mehta (petitioner 2) from the respondents (transferees) 5 to 7. It is the claim of the writ petitioners that this purchase was in fact a benami transaction and the real purch