1. This appeal has been preferred in terms of Clause 10 of the Letters Patent of the Patna High Court. The appellants are the pre-emptors and are aggrieved by judgment dated 28.7.1998, passed in CWJC No. 4311 of 1997 (Pawan Kumar Rai & Ors. vs. The State of Bihar & Ors.), whereby the orders of the authorities under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Act) have been set aside, and his application for pre-emption in terms of Section 16(3) of the Act has been rejected, inter alia, on the ground that the purchasers became adjoining raiyats with respect to the vended plot before the application under Section 16(3) was filed. We shall go by the description of the parties occurring in the writ petition.

2. A brief statement of facts is essential for disposal of the appeal. The writ petitioners (respondent nos. 6 to 9 herein) had purchased the land in question by a deed of absolute sale executed on 13.2.1989, and registered on 27.1.1990, by one Ram Sudhir Thakur (respondent no. 7). In other words, 5 kathas land of C.S. plot nos. 33, 34 & 35 corresponding to R.S. plot no. 199 New Khata No. 429, s