K.Venkataswami, J.

1. This is an appeal under Clause 10 of the Letters Patent. It arises out of an application under Articles 226 and 227 of the Constitution of India. The facts giving rise to the appeal, shortly stated, are there.

2. Respondent No. 3 Keshav Chandra Pratap Singh made a transfer by sale of 0.42 acre land of plot No. 1244 of village Ratangarh in the district of Bhojpur in favour of respondent No. 2, Raja Ram Singh, The appellant made an application under Sec. 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (in short the Ceiling Act) claiming right of pre-emption on the ground of adjacency to the vended plot. The claim was resisted by the purchaser on the ground that he was a Sikmidar i.e. an under-Raiyat not only of the vended plot but also the adjacent plot bearing plot No. 1243. According to him, as a Sikmidar, he has acquired certain rights and privilege in the land. The Deputy Collector Ineharge Land Reforms, exercising the powers of the Collector under the Act allowed the claim. The appeal and the revision preferred by the purchaser having gone in vain, he came to this Court in C.W.J.C. No. 2169 of 197