B. P. Singh, J.

1. The instant writ petition arises out of a proceeding under Sec.16 (3) of the Bihar Land reforms (Fixation of Ceiling Area and acquisition of Surplus Land) Act, 1961. The said proceeding for pre-emption was initiated on an application filed by respondent No.5 herein. The Deputy collector, Land Reforms, Biharshariff by his order dated 27th July, 1993, rejected the application for pre-emption on a finding that since the petitioner, who was the purchaser, was also an adjacent raiyat of the land in question, respondent No.5 could not maintain an application for pre-emption as against him. However, the appellate authority, namely, the Additional Collector, nalanda, Biharshariff, by his order dated 10-8-1984 (Annexure-2) allowed the appeal which order was affirmed in revision by the Additional Member, board of Revenue, Bihar, Patna, on 4-4-1985. The orders passed by the appellate and the revisional authority have been challenged in the instant writ petition by the petitioner, who was the purchaser.

2. The facts of the case are that the petitioner purchased a plot of land measuring two kathas and odd pertaining to plot No.5124 in Khata No.318 from respondent No.6