HARIHAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has filed the present writ application for quashing the order of the Collector, Rohtas, dated 18-12-1982, contained in Annexure 2, passed in exercise of the powers under Section 45B Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, for reopening the Land Ceiling Case No. 32A of 1976-77 which was closed by the order dated 28-2-1977 by the Subdivisional Officer, Bhabhua, vide the order contained in Annexure 1.

(2.) The order is challenged mainly on the ground that in the absence of any fresh material coining in possession of the Collector, after the disposal of the proceeding, he could not reopen the proceeding. In other words, the argument is that the proceeding which had finally concluded cannot be reopened by the Collector at his pleasure.

(3.) Section 45B was inserted by the Legislature by Act No. 22 of 1976 and reads as follows :