IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11783 of 2006 SHEO KUMAR SINGH @ MUKHLAL SINGH & ANR Versus THE STATE OF BIHAR & ORS ----------- 6. 21.07.2008. Heard learned counsel for the petitioners and the State. 2. Petitioners are the Preemptors. They are aggrieved by the order dated 14.07.2003 passed by the Collector, Muzaffarpur, Respondent No.3 in Land Ceiling Appeal No. 9 of 2001-02, Annexure-3 which has been affirmed by the revisional court, Additional Member, Board of Revenue, Patna, Respondent No.-2 under orders dated 28.02.2006 passed in Revision Case No. 173 of 2003, Annexure-4 whereunder the order of the D.C.L.R. dated 7.8.2001, Annexure-2 allowing the preemption application has been set aside. 3. It appears from the order dated 14.7.2003, Annexure-3 that while filing the preemption application petitioners had not applied for preemption in respect to the entire transactions made under the sale deed-in-question as according to the petitioners the lands transferred under the sale deed in-question appertain to different Khatas and petitioners are adjoining raiyats of only one of the plots transferred under the sale deed. Perusal of Section 16 of the Bihar Land Reforms (Fixation of Ceiling, Area and Acquisition of Surplus Land) Act, 1961 would indicate that preemptor has to apply for preemption in respect to the entire sale transaction made under the sale deed and not against the part of the transaction. In the circumstances, as the petitioners did not apply for the entire - 2 - transaction, preemption application itself was misconceived and the appellate court rightly allowed the appeal under order dated 14.7.2003 and the revisional court also rightly dismissed the revision under orders dated 28.2.2006. 4. This Writ application is, accordingly, dismissed. P.K.P. (V.N.Sinha,J.)