NARMADESHWAR NARAYAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the present cas,e, the petitioner in aggrieved by an order dated 2-11-1982 (Annexure-8) passed by the Collector, Nalanda purporting to exercise his power under Section 45 (B) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as 'the Act') whereby he has directed for reopening of the case of the petitioner and for its disposal afresh.

(2.) In this case, it appears that ceiling proceedings in respect of the petitioner have been disposed of by the D. C. L. R. Bihar Sharif by his order dated 10-7-1975 by which he came to the conclusion that 1.201/2 acres of land is in excess of the ceiling area. Subsequently, by the impugned order the Collector acting upon the dictates and directions of the Deputy Secretary, Revenue Department, Government of Bihar has issued the impugned order without even indicating that except acting on the said dictates and directions, he has himself applied his mind to the materials on the record to find out as to whether any gross illegality or irregularity has been committed so as to justify the reopening of the proceedings.

(3.) In the impugned order the grounds given for reopening of the proceeding are namely :