Ashutosh Kumar, J. – Heard Mr. Parth Gaurav assisted by Mr. Ashutosh Kumar Pandey, the learned Advocates for the appellants and Mr. Ranjan Kumar Dubey, the learned Advocate for the Respondent nos. 6/ preemptors.

2. The appellants are the purchaser of the property.

3. The Respondent no. 6 had sought to pre-empt such purchase by taking resort to the necessary provision under Section Section 16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter after called the Bihar Act of 1961).

4. The claim of the Respondent no. 6/ pre-emptor was repudiated by the Deputy Collector (Land Reforms) in the first instance and by the Collector, Vaishali, later, in Land Ceiling Appeal No. 135/2002.

5. The Respondent no. 6 thereafter challenged the aforenoted orders before the Divisional Commissioner, Tirhut Division, Muzaffarpur, in revision, which petition was allowed and the claim of pre-emption of Respondent no. 6 succeeded on the ground that the question of a person being adjoining raiyat or being a pre-emptor is to be decided on the day of transfer / claim and that the purchaser had become adjoining raiyats only later i.e. after having purchase