In an application under Articles 226 and 227 of the Constitution the petitioner prays for quashing annexure 3'. By virtue of annexure 3' Member. Board of Revenue allowed the revision and set aside the order of the learned Additional Collector.

2. The petitioner claimed preemption under section 16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act 1961 (Act 12 of 1962) (hereinafter referred to as the Act) against the sale deed dated 31st July, 1973 executed by respondent no.5 in favour of respondent nos.3 and4 in respect of plot nos. 584, 580 and 591 in village Chakhunda. The Member Board of Revenue held that the preemption application filed by the petitioner under section 16 (3) of the Act was not maintainable for the simple reason that in fact there was no transfer of land by virtue of the sale deed dated 31st. July 1973. In his opinion, transfer of the land in question was illegal as the transferor transferred the land in question in contravention of section 5 of the Bihar Consolidation of Holding and Prevention of Fragmentation Act, 1956 (Bihar Act No. 22 of 1956) (hereinafter referred to as the Consolidation of Holdings Act). Sec