1. The petitioners are the pre-emptors who have challenged the order of the Additional Member, Board of Revenue dated 30.9.2005 passed in Case No. 94 of 2005. By the impugned order, the Additional Member, Board of Revenue has set aside the order of the Land Reforms Deputy Collector dated 5.8.2002 and the order of the Collector dated 22.5.2005, which was in favour of the petitioners.

2. The respondent no. 5 purchased lands appertaining to Khata No. 137, Plot No. 723, measuring 1 (one) acre by a registered sale deed dated 11.2.2002. The petitioners deposited the consideration amount alongwith statutory 10 per cent on 5.6.2002 and thereafter filed an application under Section 16(3) of the Ceiling Act on 6.6.2002, claiming that he is the boundary raiyat and a co-sharer and as such he is entitled to get the lands transferred in his favour.

3. The case of the purchaser, on the other hand, is that the purchaser is an adjoining raiyat having purchased Plot No. 724 by a registered sale deed on 25.6.2001, measuring 13 decimals and 2 acres of lands appertaining to Plot No. 650, and as such the pre-emption application was not maintainable. It is also specifically pleaded that there wa