BIRENDRA PRASAD SINHA, J

1. This is an application under Articles 226 & 227 of the Constitution of India. A prayer has been made for quashing the orders contained in Annexure 2 & 3 passed by the Additional Collector on 11.11.1978 in Case No.14/75-76 and by the Additional Member, Board of Revenue on 9.5.1980 in Case No.444 of 1978 respectively.

2. Respondent No.5 Smt. Ram Lakshmibati Kumari (since dead) sold 2 bighas 10 kathas 17 dhurs of land situate in village Saidpur Dallo alias Pakra appertaining to khata No.408, Plot No.720, 952 & 956 to Respondent No.4 Dinesh Prasad Chaudhary. The sale deed was executed on 6.5.1975 and was registered on 8.5.1975. On 6.8.1975 the petitioners filed an application under section 16(3) of the Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, (hereafter referred to as the Act) claiming preemption. They claimed that they were in the boundary of the vended land. Several objections seem to have been taken by the purchaser against the petitioners claim for preemption. The learned Land Reforms Deputy Collector ultimately allowed the claim of preemption in favour of petitioners 1, 2 & 3 and rejected the claim of petitione