The main legal point established is that the mandatory nature of Rule 19 and the timing of the purchaser becoming the boundary tenant are crucial factors in determining the maintainability of pre-emption applications.

1. Heard the counsel for the petitioner and the State.

2. Petitioner is the purchaser. He has filed this application for quashing the order, dated 16.5.2006, passed by the Additional Member, Board of Revenue, Bihar, Patna, allowing Prevision Case No. 148 of 2004 in favour of the pre-emptor- respondent no. 5. Further, prayer of the petitioner is for restoration of order, dated 29.5.2003, passed by the Deputy Collector Land Reforms, Sadar, Bhagalpur, in Land Ceiling Case No. 5 of 2000-2001 and the order, dated 28.6.2004, passed by the Collector, Bhagalpur, in Ceiling Appeal Case No. 45A of 2003-2004. By these two orders, pre-emption application, filed by respondent no. 5, had been dismissed.

3. Petitioners case is that he purchased land of plot no. 186, khata no. 16 at mauza Satghara, from respondents 6 and 7 through registered sale deed no. 4344 on 5.5.2000. On the same date he purchased another piece of land through registered sale deed no. 4345 measuring 6(1/2) katha from respondents 6 and 7, which is adjacent of the same plot purchased through registered sale deed no. 4344. Both the properties were purchased by the petitioner from respondents 6 and 7, which is part of the same plot and the sale deeds were executed on the same date. Respondents 6 and 7, after transferring the land in favour of the petitioner, got the transferred land measured because in the northern boundary of the transferred land, some excess area had been mentioned in the sale deeds. Accordingly, respondents 6 and 7 filed a deed of correction vide deed no. 12350 and 12351 on 1.11.2000 relating to both the sale deeds giving correct boundary of the land transferred in favour of the petitioner. On account of the deed of correction the boundary earlier given in the sale deed no. 4344 and 4345, dated 5.5.2000 was changed.

4. Respondent no. 5 filed an application under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (in short, the Act) for exercising right of pre-emption with respect to land transferred through sale deed no. 4344 and L.C. Case No. 5 of 2000-2001 was registered. Respondent no. 5 claimed to be the boundary tenant of the purchased land. The petitioner appeared and contested the pre-emption case on grounds that by virtue of deed of correction, respondent no. 5 is not the boundary raiyat It was also the case of the petitioner that the nature of the land is homestead and pre-emption application is not maintainable. Further, ground which was taken by the petitioner was that on account of purchasing lands through two registered sale deeds of the same plot, petitioner himself has become boundary raiyat of each of the lands, purchased by him and pre-emption case, in the given circumstance, can not be allowed. Further, it was contended by the petitioner that the pre-emption application is not maintainable as respondent no. 5 has not complied Rule 19 of the Bihar Land Ceiling Rules and for all these reasons the preemption application is fit to be dismissed.

5. The Deputy Collector, Land Reforms, Bhagalpur, by order, dated 29.5.2003, considering the pleadings of the parties rejected the, pre-emption application for all four grounds taken by the petitioner. The finding recorded by the Deputy Collector, Land Reforms, was that on account of execution of correction deed, respondent no. 5 is not the boundary tenant. It was also held that since two sale deeds have been executed on the same date for parts of same plot of land the purchaser himself has become the boundary tenant of the purchased land and pre-emption application is not maintainable. The Deputy Collector, Land Reforms, Bhagalpur, further, held that Rule 19 of Bihar Land Reforms Rules, 1963, provides that application by co-sharer or raiyat of adjoining land for transfer of land under Section 16(3) of the Act shall be presented in L.C. Form No. 13 and the purchase money together with a sum equal to ten per cent shall be deposited in t