S. N. Jha, J.

1. -this application under Article 227 of the Constitution by the transferee arises out of a proceeding under Sec.16 (3) of the Bihar land Reform (Fixation of Ceiling Area and Acquisition of Surplus land)Act, 1961 (in short the Act ). The petitioner succeeded before the first authority, namely, the Deputy Collector, land Reform, but lost before the Additional Collector, and the Board of Revenue. He has challenged the orders of the paid two authorities.

2. Section 16 (3) of the Act provides that where any transfer of land is made to any person other than a co-sharer or raiyat of an adjoining land, co-sharer of the transferor or any raiyat holding land adjoining the land transferred shall be entitled to claim re-transfer of the landto him on the same terms and conditions as contained in the deed. This right of re-conveyance in the legal parlance is known as right of pre-emption. The land transferred in the instant case comprises of seven plots. It is an admitted position that the applicant of the proceeding i. e. the pre-emptor is co-sharer of the transferor as well as adjoining raiyat of all the plots. A co-sharer or adjoining raiyat, as stated above, is entitl