K. B. N. Singh C.J.

The petitioner in this writ application prays for quashing the order dt. 1.3.76 passed by the Land Reforms Deputy Collector that of the Collector dated 5.7.76 and the Member, Board of Revenue dated 29.5.58 (Annexure 1, 2 and 3 respectively) by which his application for preemption has been rejected.

2. The relevant facts for disposal of this writ application lie in a narrow compass. On 17.8.74. Lalmohan Pd. (respondent no 5) transferred 25 decimal of plot no. 108, khata no. 626 of village Mirchaibari, in the district of Katihar, for Rs.2000/- In 'favour of Smt Saryug Devi (respondent no 4) and registered a sale deed on the same day. There is nos dispute that the registered sale deed was copied under sections 60 and 61 of the Indian Registration Act, on 16.10.74 In Book no. 4 maintained under the Registration Act. Before this date on 7.10.74 respondent no. 4 purchased from respondent no. 5 some land adjoining east of the disputed land out of the said plot no 108 of Khata no. 626 belonging to respondent no. 5. On 5.11.74 the present petitioner, claiming to be an adjoining raiyat to the east of the disputed land, filed an application for pre-emption under sect