Hari Lal Agrawal, J.

Both these writ applications have been filed by the same petitioner and arise out of a common order dated 10th April, 1973 (Annexure 4) passed by the Member, Board of Revenue, Bihar, Patna (Respondent No.5) disposing of two proceedings initiated by respondent No. 1 under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (Bihar Act, 12 of 1962)-to be referred hereinafter only as the Act' --setting aside the previous orders of the authorities subordinate to him and remanding the two cases to the Land Reforms Deputy Collector, Motihari, for a fresh decision by treating the petitioner as a party to the proceedings. All the parties are common in both the cases, and so are the facts and, accordingly, they are being disposed of by this Judgment.

2. The short facts relevant for appreciation of the question before us are these: Respondent No. 1 Jodha Raut filed two applications under section 16 (3) of the Act, on 8. 3. 1968 before the Land Reforms Deputy Collector, Motihari, claiming a right of pre-emption in respect of the lands transferred by Bindeshwari Prasad (respondent No.3) and Balram Prasad (respondent NO.4-since