Heard learned counsel for the petitioners and learned counsel for the State as well as respondent nos. 4 and 5.

2. In the present writ petition, the petitioners are challenging the order dated 31.7.2013 (Annexure-1) passed by the Chairman, the Bihar Land Tribunal, Patna (hereinafter referred to as “the Tribunal”) in B.L.T. Case No.68 of 2013 by which she has rejected the application filed by petitioner no.1, namely, Raj Narayan Rai, and further for quashing the order dated 9.10.2012 (Annexure-2) passed by the Commissioner, Saran Division, Chapra in Land Ceiling (Pre-emption) Revision Case No.279 of 2007 by which he has quashed the order dated 8.5.2007 passed by the Additional Collector, Saran, Chapra in L.C. Appeal Case No.35 of 2006.

3. The land in dispute is with respect to Khata No.220, Plot No.431, area 5 Kathas situated in Village Pohiya, Police Station Garkha, District-Saran. One Suresh Prasad Yadav who was land holder executed a sale deed in favour of Raj Narayan Rai, petitioner no.1, on 24.9.2005. In the northern side of land Jag Narayan Rai full brother of Raj Narayan Rai has been mentioned, as has been claimed by the petitioners they constituted a joint family. Ram Pujan Rai, respondent no.4 and Lal Babu Rai, respondent no.5 are claiming themselves to be the boundary Raiyat in western side. Pre-emption application was filed by them on 20.12.2005.

4. From the record it appears that Raj Narayan Rai executed a deed of gift in favour of Kalawati Devi on 14.12.2005 and the same was registered on 23.12.2005 i.e. after filing of the pre-emption application vide Pre-emption Case No.29 of 2005-06 filed on 20.12.2005. The D.C.L.R. original authority decided the issue on pre-emption, passed the order in their favour vide order dated 10.7.2006 thereby declared Ram Pujan Rai, respondent no.4 and Lal Babu Rai, respondent no.5 are boundary Raiyats. Accordingly their pre-emption application was allowed.

5. Against the pre-emption order of D.C.L.R., an appeal was filed vide Land Ceiling Appeal Case No.35 of 2006 before Additional Collector, Saran, Chapra which was allowed in favour of the petitioners and thereby the order passed by the D.C.L.R. was set aside. Against that order, Ram Pujan Rai, respondent nos. 4 and Lal Babu Rai, respondent no.5 filed a revision application before the Divisional Commissioner, Saran Division, Chapra vide Land Ceiling (Pre-emption) Revision Case No.279 of 2007 which, vide order dated 9.10.2012 was allowed treating respondent nos. 4 and 5 being the boundary Raiyat and recorded a finding of jointness in between Raj Narayan Rai, petitioner no.1 and Jag Narayan Rai full brother standing in the northern side of the disputed plot was accepted.

6. The matter was brought before the Tribunal in B.L.T. Case No.68 of 2013 where the Tribunal has considered the plea that was taken by the petitioners that petitioner no.1, Raj Narayan Rai and Jag Narayan Rai are still in jointness and as such he is also a boundary Raiyat from the northern side of the disputed land. Another plea was taken that the deed of gift was executed Raj Narayan Rai, petitioner in favour of his wife petitioner no.2, which excludes the applicability of provision of Section 16(3) of the Bihar Land Reforms (Fixation of ceiling Area and Acquisition of Surplus Land Act, 1961 (hereinafter referred to as “Ceiling Act”) but private respondents have taken plea that registered deed of gift is a sham and malafide piece of document created by petitioner no.1, Raj Narayan Rai, with a view to illegally defeating the right of pre-emption of private respondents. There the petitioner has also raised the issue, pre-emption is a weak right, in a situation where the gift has been excluded from the mischief of Section 16(3) of the Ceiling Act. The Tribunal has considered and has arrived to a conclusion that all the conditions for pre-emption application are fulfilled and there is no reason to reject the pre-emption application filed by the private respondent. The Tri