CHANDRAMAULI KR.PRASAD and RAVI RANJAN JJ.

1. Respondent-appellant aggrieved by the order dated 3rd of August, 1998 passed by a learned Single Judge allowing the writ application has preferred this appeal under Clause 10 of the Letters Patent.

2. Facts lie in a narrow compass.

3. Appellant is the pre-emptor. Two pieces of land of the same plot was sold by the vendor to the vendee on the same day. Pre-emptor filed application under Section 16(3) of the Bihar Land Ceiling (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, seeking right of pre-emption over the aforesaid land. Despite opposition by the purchaser, pre-emptor succeeded before the Land Reforms Deputy Collector, Additional Collector and the Board of Revenue. Purchaser challenged those orders in the writ application. By the impugned order aforesaid orders have been quashed and the application filed by the pre-emptor has been dismissed.

4. It is not the case of the pre-emptor that he is the adjoining raiyat of both the pieces of land sold to the purchaser on the same day. However his case is that he is adjoining raiyat of one of the pieces of land. The learned Single Judge while allowing the writ