S. N. Jha, J.- This writ application arises out of a proceeding under Section 16 (3) of the Bihar Land Reforms Fixation of Ceiling Area and Acquisition of Surplus Lands Act, 1961 (in short, 'the Act').

2. Respondent no. 4 sold lands of plot nos. 3131/1, 3131/2, 3131/3 and 3136 in one compact block to respondent nos 5 to 10 on 13.4.77. The registration of the sale was completed on 9.5.77. The petitioners filed the application claiming right of pre-emption under Section 16 (3) of the Act on the ground that they hold a land, namely, plot no. 3131/5 as also plot no. 3135 adjacent to the vended land by virtue of registered sale deed dated 6.1.77 i.e. prior to the impugned sale dated 13.4.77 from respondent no. 4 whereas the purchasers are neither adjacent raiyats nor co-sharers. The claim was resisted by the purchasers on the ground that on 18.11.76 respondent no. 4 had entered into an agreement for sale of the same very plot, namely, 3131/5 in their favour and for the enforcement of the said agreement they had filed as suit for specific performance, being Title Suit No. 164 of 1977. Pre• emption was allowed by the Deputy Collector Land Reforms and on appeal by the Additional C