IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11837 of 2007 Jiut Bhagat, son of Jagdish, resident of village- Mishra Chak, P.S. Mairwa, at present Nautan, District- Siwan. ... Petitioner. Versus 1. The State of Bihar. 2. The District Magistrate, Siwan. 3. The Deputy Collector, Land Reforms, Siwan, District- Siwan. 4. Smt. Dewanti Devi, wife of Sugriv Gond, Resident of village- Kilpur, P.S. Mairwa, at present Nautan, District- Siwan. ..... Respondents. ----------- 02- 18.2.2009 None appears on behalf of the petitioner. Heard Mr. Rajnish Kant, learned assistant counsel to Standing Counsel No.3 (Ceiling). This writ petition is directed against the order dated 17.7.2007 (Annexure-3), passed by the learned District Magistrate, Siwan, in Land Ceiling Appeal No.3 of 2005-06 (Devanti Devi Vs. Jiut Bhagat and others), whereby he has allowed the appeal preferred by the purchasers and has set aside the order of the learned first authority, whereby the pre-emption application preferred by the present petitioner had been allowed. Respondent nos.2 and 3 have filed their counter affidavit. I do not feel the necessity of issuing notice to respondent no.4 in view of the nature of the order that we are going to pass. 2. We have perused the materials on record and considered the submissions of the 2 learned Government Counsel. The petitioner claims pre-emption with respect to plot no.128, appertaining to khata no. 12, covering an area of 2 katha 6 dhurs, situate at mauza Kilpur, Thana no.41, District- Siwan. It appears that the present petitioner had filed an application under section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, claiming right of pre-emption with respect to the land in question. The same was allowed by order dated 26.7.2005 (Annexure-2), passed by the learned L.R.D.C., Siwan, in Land Ceiling Case No.92 of 2004 (Jiut Bhagat Vs. Devanti Devi), which has been set aside by the impugned order, and the petitioner’s pre-emption application has been rejected. The learned appellate authority has held that respondent no.4 (Smt. Dewanti Devi), the purchaser is herself an adjoining raiyat with respect to the vended plots. Law is well settled that right of pre-emption gets defeated if the purchaser is a co- sharer and/or adjoining raiyat. The impugned order cannot, therefore, be faulted. 3. The writ petition is dismissed. (S K Katriar, J.) S.K.Pathak/