NARSINGH PRASAD SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In an application under Articles 226 and 227 of the Constitution, the petitioner prays for quashing Annexures 2, 3 and 4 Annexures 2 and 3 contained order of the State Government and the District Collector for reopening the case under Section 45-B of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter to be referred to as the Act). Annexure 4 contains a notice which was issued by the ceiling authority for initiating a fresh proceeding in accordance with law.

(2.) The simple point for consideration is whether on the facts and circumstances of this case, the order passed in Annexure I could be reopened either by the State Government or by the Collector under Section 45-B of the Act.

(3.) In my opinion, the answer must be given in negative on the basis of the facts and circumstances of this case. In the earlier land ceiling case, two points were for consideration before the ceiling authority (i) whether Baijnath Sah, father of the petitioner, died on 27-1-1970; if so, whether the three daughters of Baijnath Sah are entitled to the share in the property of Baijnath Sah and (ii) whether Arun Kumar Sah attained majority on or before 9-9-1970. The matter went up to the Board of Revenue. The Board of Revenue remanded the matter to the ceiling authority which was ultimately decided by the Deputy Collector, Land Reforms as contained in Annexure 1.